Virginia: Car Accident – a Lawyer’s Infant

Virginia: Car Accident – a Lawyer’s Infant

The Virginia General Assembly passed House Bill 1433, thereby amending and reenacting Va. Code. Ann. §8.01-36 and §8.01-243.(B). The revisions materially change the recovery of medical expenses for infants in vehicle accident and other cases.

§8.01-36 now provides in car crash and other cases that an infant’s medical expenses are the infant’s (versus parent’s) damages; that a parent has a lien and right of reimbursement against any infant’s recovery for all amounts paid or obligated to pay; and that Court approval of any infant settlement releases all defendants from liability for the infant’s medical expenses. §8.01-243(B) now provides that the statute of limitation for the infant’s medical expenses is the same as for the infant’s underlying cause of action.