Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 14. Evidence » Article 7. Medical Evidence
Virginia Code

Va. Code Ann. § 8.01-413.01 (2026)

Authenticity and reasonableness of medical bills; presumption

✓ current as of May 2026
Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

A. For the purposes of this section, "bill" means any statement of charges, an invoice, or any other form prepared by a health care provider or its agent, or third-party agent, identifying the costs of health care services provided.

B. In any action for personal injuries, wrongful death, or for medical expense benefits payable under a motor vehicle insurance policy issued pursuant to § 38.2-124 or § 38.2-2201, the authenticity of bills for medical services provided and the reasonableness of the charges of the health care provider shall be rebuttably presumed upon identification by the plaintiff of the original bill or a duly authenticated copy and the plaintiff's testimony (i) identifying the health care provider, (ii) describing the services rendered, and (iii) stating that the services were rendered in connection with treatment for the injuries received in the event giving rise to the action. If the court finds the plaintiff is unable to provide such testimony, the plaintiff's guardian, agent under an advance directive, or agent under a power of attorney may identify the bill or an authenticated copy and provide testimony in lieu of the plaintiff. The presumption herein shall not apply unless the opposing party or his attorney has been furnished such medical records at least 30 days prior to the trial.

C. Where no medical bill is rendered or specific charge made by a health care provider to the insured, an insurer, or any other person, the usual and customary fee charged for the service rendered may be established by the testimony or the affidavit of an expert having knowledge of the usual and customary fees charged for the services rendered. If the fee is to be established by affidavit, the affidavit shall be submitted to the opposing party or his attorney at least 30 days prior to trial. The testimony or the affidavit is subject to rebuttal and may be admitted in the same manner as an original bill or authenticated copy described in subsection A.

1993, c. 610; 1996, c. 516; 1997, c. 503; 2016, c. 243; 2022, cc. 469, 470.

Notes of Decisions
Cited in 6 cases, 1997–2009 · leading case: Dodd v. Lang, 71 Va. Cir. 235 (Roanoke County Cir. Ct. 2006).
Sort: Relevance Newest Treatment
Dodd v. Lang, 71 Va. Cir. 235 (Roanoke County Cir. Ct. 2006). · cites it 3× “It should also be noted that this opinion does not in any way relieve the plaintiffs of their obligations under Va. Code §8.01-413.01.”
Mitchell v. Hayes, 72 F. Supp. 2d 635 (W.D. Va. 1999). · cites it 2× “See Va. Code Ann. § 8.01-413.01 (Michie Supp.”
Wright v. Smith, 641 F. Supp. 2d 536 (W.D. Va. 2009). “They cite Virginia Code Annotated § 8.01-413.01, relating to the authenticity and reasonableness of medical bills, which provides as follows: In any action for personal injuries .”
Kelly v. Thomasson, 48 Va. Cir. 100 (Roanoke County Cir. Ct. 1999). · cites it 3× “So, with genuine concern with the apparent self-conceit of “overruling” 10 so many colleagues on the bench, this Court rules that die *112 Plaintiff in the case at bar may show all of her medical expenses that Va. Code § 8.01-413.01 has already in the case at bar been received…”
Comley v. Shepard, 41 Va. Cir. 372 (Spotsylvania Cir. Ct. 1997). · cites it 2× “Virginia Code § 8.01-413.01. Thus, the burden is on the defendant to éstablish that a bill that has been furnished to the defendant at least twenty-one days prior to trial is not a legitimate expense, or that a portion of it is not, on the ground that it has not been paid and no…”
Sharif v. Brown, 51 Va. Cir. 181 (Fairfax Cir. Ct. 2000). · cites it 3× “Va. Code § 8.01-413.01 (1999 Cum. Supp.).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.