VirginiaHB5282026 Regular SessionHouse

Compromise of claim for death by wrongful act; approval without a hearing.

Sponsored By: Virgil Thornton (Democratic)

Became Law

Summary

Compromise of claim for death by wrongful act; approval without a hearing. Allows the court to approve a proposed compromise of a claim for death by wrongful act if the parties in interest agree to and endorse an approval order relating to such proposed compromise. The bill further requires that the endorsement of any such approval order by a beneficiary shall be notarized unless the endorsement is made by an attorney acting as guardian ad litem for such beneficiary. This bill is a recommendation of the Boyd-Graves Conference.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Court splits wrongful-death settlements when disputed

If the court approves a compromise and the parties cannot agree on how to split the money, or someone cannot legally agree, the court must decide the split. The court uses the same factors a jury would use in a wrongful-death case. Money paid under an approved compromise is treated the same as money won in a wrongful-death lawsuit. This gives clear, impartial rules for personal representatives and beneficiaries.

Faster wrongful-death settlements and notice rules

A court can approve a wrongful-death settlement without a hearing when every party in interest, including any guardian ad litem, signs the approval order. The court can still hold a hearing if it decides one is needed. Parties count as convened if they sign the order or get the legally required notice for residents or nonresidents, or other reasonable notice the court requires. The court must convene parties in person or by an authorized representative, but it does not need to convene grandchildren when their living parents are parties. A beneficiary’s endorsement must be notarized unless an attorney serving as that beneficiary’s guardian ad litem signs it.

Sponsors & Cosponsors

Sponsor

  • Virgil Thornton

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 221 • No: 0

Senate vote 3/10/2026

Passed Senate Block Vote

Yes: 40 • No: 0

Senate vote 3/9/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/9/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/5/2026

Reported from Courts of Justice

Yes: 14 • No: 0

House vote 2/3/2026

Read third time and passed House

Yes: 98 • No: 0

House vote 1/28/2026

Reported from Courts of Justice

Yes: 19 • No: 0

House vote 1/21/2026

Subcommittee recommends reporting

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0399)

    4/8/2026Governor
  2. Approved by Governor-Chapter 399 (effective 7/1/2026)

    4/8/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (HB528)

    3/31/2026House
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  5. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  6. Signed by Speaker

    3/31/2026House
  7. Bill text as passed House and Senate (HB528ER)

    3/30/2026House
  8. Enrolled

    3/30/2026House
  9. Signed by President

    3/30/2026Senate
  10. Passed Senate Block Vote (40-Y 0-N 0-A)

    3/10/2026Senate
  11. Read third time

    3/10/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    3/9/2026Senate
  13. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/9/2026Senate
  14. Rules suspended

    3/9/2026Senate
  15. Reported from Courts of Justice (14-Y 0-N)

    3/5/2026Senate
  16. Referred to Committee for Courts of Justice

    2/4/2026Senate
  17. Constitutional reading dispensed (on 1st reading)

    2/4/2026Senate
  18. Read third time and passed House (98-Y 0-N 0-A)

    2/3/2026House
  19. Moved from Uncontested Calendar to Regular Calendar

    2/3/2026House
  20. Read second time and engrossed

    2/2/2026House
  21. Read first time

    1/30/2026House
  22. Reported from Courts of Justice (19-Y 0-N)

    1/28/2026House
  23. Subcommittee recommends reporting (10-Y 0-N)

    1/21/2026House
  24. Fiscal Impact Statement from Department of Planning and Budget (HB528)

    1/21/2026House
  25. Assigned HCJ sub: Civil

    1/19/2026House

Bill Text

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