The personal representative of the deceased may compromise any claim to damages arising under or by virtue of § 8.01-50, including claims under the provision of a liability insurance policy, before or after an action is brought, with the approval of the court in which the action was brought, or if an action has not been brought, with the consent of any circuit court. Such approval may be applied for on petition to such court, by the personal representative, or by any potential defendant, or by any interested insurance carrier. If a potential defendant or any insurance carrier petitions the court for approval, the personal representative shall be made a party to the proceeding. The petition shall state the compromise, its terms and the reason therefor. The court shall require the convening of the parties in interest in person or by their authorized representative, but it shall not be necessary to convene grandchildren whose living parents are made parties to the proceeding. The parties in interest shall be deemed to be convened if each such party (i) endorses the order by which the court approves the compromise or (ii) is given notice of the hearing and proposed compromise as provided in § 8.01-296 if a resident of the Commonwealth or as provided in § 8.01-320 if a nonresident, or is otherwise given reasonable notice of the hearing and proposed compromise as may be required by the court.
Upon agreement to and endorsement of an approval order by all parties in interest, including any guardian ad litem appointed for any such party in interest, the court may approve the proposed compromise without a hearing unless the court deems it necessary to hold such a hearing. The endorsement of an approval order by a beneficiary identified pursuant to § 8.01-53 shall be notarized before submission to the court unless such endorsement is made by an attorney licensed to practice law in the Commonwealth who is acting as a guardian ad litem for such beneficiary.
If the court approves the compromise, and the parties in interest do not agree upon the distribution to be made of what has been or may be received by the personal representative under such compromise, or if any of them are incapable of making a valid agreement, the court shall direct such distribution as a jury might direct under § 8.01-52 as to damages awarded by them. In other respects, what is received by the personal representative under the compromise shall be treated as if recovered by him in an action under § 8.01-52.
Code 1950, § 8-639; 1960, cc. 35, 587; 1977, c. 617; 1981, c. 286; 1991, c. 97; 1995, c. 366; 2026, c. 399.
Notes of Decisions
Perreault v. the Free Lance-Star, 666 S.E.2d 352 (Va. 2008).
· cites it 62× “The principal issue we consider is whether the circuit court erred in requiring the settling parties to those actions to file written petitions reciting the financial terms of the compromise settlements in order to obtain court approval of those settlements pursuant to Code §…”
Hewitt v. Firestone Tire & Rubber Co., 490 F. Supp. 1358 (E.D. Va. 1980).
· cites it 12× “This diversity action is before the Court for approval of a settlement pursuant to Virginia’s Death by Wrongful Act, Va.Code § 8.01-55 (Repl.1977). Two questions are raised.”
Shenandoah Publ'g House, Inc. v. Fanning, 368 S.E.2d 253 (Va. 1988).
· cites it 4× “See Code § 8.01-55. Responding to a motion filed jointly by the parties, the court entered an order December 27, 1984 sealing the petition and the December 12 order.”
Ramey v. Bobbitt, 463 S.E.2d 437 (Va. 1995).
· cites it 8× “On July 12, 1989, pursuant to Code § 8.01-55, the Circuit Court of Dickenson County approved a compromise settlement of the Administrator’s action against Lawson.”
Montagna v. Holiday Inns, Inc., 269 S.E.2d 838 (Va. 1980).
· cites it 3× “1976), now with slight modification Code § 8.01-55. 1 *338 Following a December 1977 hearing, the trial court sustained defendants’ plea, approved the settlement, entered judgment for plaintiff against defendants for $2500, and ordered defendants released from any further…”
Fisher v. Salute, 657 S.E.2d 169 (Va. Ct. App. 2008).
· cites it 4× “He contends the plain language of Code § 8.01-55 does not grant the trial court authority to make the terms of a wrongful death settlement a part of an order that may be later enforced through contempt proceedings and, to the extent the November 14, 2003 settlement order…”
Est. of Sa'adoon v. Prince, 660 F. Supp. 2d 723 (E.D. Va. 2009).
· cites it 13× “” Va.Code § 8.01-55. It is pellueidly clear from the language of this provision that it applies only to claims “arising under or by virtue of’ the Virginia act.”
In re: Woodley, 777 S.E.2d 560 (Va. 2015).
· cites it 2× “Code § 8.01-55 authorizes a personal representative to "compromise any claim" so long as he obtains the approval or consent of the circuit court.”
Skelly v. Hertz Equip. Rental Corp., 547 S.E.2d 551 (Va. Ct. App. 2001).
· cites it 4× “See Code § 8.01-55. It is undisputed that the claimants’ attorney kept Hertz’s attorneys apprised of the settlement negotiations in the wrongful death suit as they progressed.”
Shiflet v. Eller, 319 S.E.2d 750 (Va. 1984).
“A release or covenant not to sue given pursuant to this section shall be subject to the provisions of §§ 8.01-55 and 8.01-424. D. This section shall apply to all such covenants not to sue executed on or after July 1, 1979, and to all releases executed on or after July 1, 1980,…”
Fairfax Hosp. Sys., Inc. v. Nevitt, 457 S.E.2d 10 (Va. 1995).
· cites it 2× “given pursuant to this section shall be subject to the provisions of §§ 8.01-55 and 8.01-424. D. This section shall apply .”
Potomac Hosp. Corp. v. Dillon, 329 S.E.2d 41 (Va. 1985).
· cites it 2× “A release or covenant not to sue given pursuant to this section shall be subject to the provisions of §§ 8.01-55 and 8.01-424. D. This section shall apply to all such covenants not to sue executed on or after July 1, 1979, and to all releases executed on or after July 1, 1980,…”
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