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1994 SESSION


CHAPTER 35
An Act to amend and reenact § 34-28.1 of the Code of Virginia, relating to personal injury and wrongful death exemptions from creditor process.
[H 228]
Approved March 7, 1994

Be it enacted by the General Assembly of Virginia:

1. That § 34-28.1 of the Code of Virginia is amended and reenacted as follows:

§ 34-28.1. Personal injury and wrongful death actions exempt.

Except for liens created under Article 7.1 (§ 8.01-66.2 et seq.) of Title 8.01 and Article 5 (§ 54.1-3932 et seq.) of Title 54.1, all causes of action for personal injury or wrongful death and the proceeds derived from court award or settlement shall be exempt from creditor process against the injured person or statutory beneficiary as defined in Article 5 (§ 8.01-50 et seq.) of Title 8.01. It shall not be required that a householder designate any property exempt under this section in a deed in order to secure such exemption. The provisions of this section shall not be construed to affect any voluntary assignment of the proceeds or anticipated proceeds of a personal injury or wrongful death award or settlement as permitted by § 8.01-26.