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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 8.01-55 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-55. Compromise of claim for death by wrongful act.
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 wherein any such
in which the action has been was brought, or if none
has 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 such 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, the its terms thereof and the
reason therefor, and . 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.
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.