Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 3. Actions » Article 3. Injury to Person or Property
Virginia Code

Va. Code Ann. § 8.01-35 (2026)

Damages for loss of income not diminished by reimbursement

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In any suit brought for personal injury or death, provable damages for loss of income due to such injury or death shall not be diminished because of reimbursement of income to the plaintiff or decedent from any other source, nor shall the fact of any such reimbursement be admitted into evidence.

Code 1950, § 8-628.3; 1974, c. 155; 1977, c. 617.

Notes of Decisions
Cited in 8 cases, 1984–2019 · leading case: Bullard v. Alfonso, 595 S.E.2d 284 (Va. 2004).
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Bullard v. Alfonso, 595 S.E.2d 284 (Va. 2004). · cites it 26× “Code § 8.01-35 is pertinent to resolution of the question before us.”
Karsten v. Kaiser Found. Health Plan of the Mid-Atl. States, Inc., 808 F. Supp. 1253 (E.D. Va. 1992). · cites it 8× “Plaintiff first points to a statute that she claims is the Virginia legislature’s general codification of the collateral source rule: *1255 Va.Code Ann. § 8.01-35 (Michie 1992). Yet this statute on its face states that it applies only to “damages for loss of income.”
Schickling v. Aspinall, 369 S.E.2d 172 (Va. 1988). · cites it 2× “2d 784, 787-88 (1960); see also Code § 8.01-35. Courts in several jurisdictions have extended the doctrine to actions ex contractu.”
Wright v. Smith, 641 F. Supp. 2d 536 (W.D. Va. 2009). · cites it 2× “) The collateral source rule is designed to strike a balance between two competing principles of tort law: (1) a plaintiff is entitled to compensation to make him whole, but no more, and; (2) a defendant is liable for all damages that proximately result from his wrong.”
Oswald v. Holtzman, 90 Va. Cir. 9 (Fairfax Cir. Ct. 2015). · cites it 6× “1 In order for the settlement credit mandate of Va. Code § 8.01-35 to apply, the party who has been released and the remaining defendant at trial must be joint tortfeasors mutually liable for the same injury.”
Dominion Resources, Inc. v. Alstom Power, Inc., No. 181061 (Va. Apr. 11, 2019). · cites it 2× “Although early cases limited the rule’s application to source rule does not apply in the underlying breach-of-contract action, then the district court will enter summary judgment for Alstom and dismiss all of Dominion Resources’ claims.”
McCarthy v. Atwood, 67 Va. Cir. 237 (Portsmouth Cir. Ct. 2005). · cites it 3× “01-35, which provides: In any suit brought for personal injury or death, provable damages for loss of income due to such injury or death shall not be diminished because of reimbursement of income to the plaintiff or decedent from any other source, nor shall the fact of any such…”
Weaver v. Est. of Thompson, 7 Va. Cir. 233 (Spotsylvania Cir. Ct. 1984). · cites it 2× “Code Section 8.01-35 states: In any suit for personal injury or death, provable damages for loss of income due to such injury or death shall not be diminished because *234 of reimbursement of income to the plaintiff or decedent from any other source, nor shall the fact of any…”
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