{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.01-425.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.01-425.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.01-425.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.01-425.1.html"}],"law_id":377340,"edition_id":2,"section_id":377340,"structure_id":53633,"section_number":"8.01-425.1","catch_line":"Release of liability; right of rescission","history":"1999, c. 326; 2000, c. 839.","full_text":"When a claimant or plaintiff executes a release of liability as a condition of settlement in a claim or action for personal injury within thirty days of the incident giving rise to such claim, such claimant or plaintiff shall have a right of rescission until midnight of the third business day after the day on which the release was executed, provided that he was not represented by counsel when the release was executed, the rescission was made in writing to the person or persons being released, their representative or insurance carrier, and the claimant returns to the person or persons being released any check or settlement proceeds received by the claimant prior to the rescission. A release of liability executed within thirty days of the incident giving rise to the claim for personal injury by a person who is not represented by counsel shall contain a notice of the claimant’s or the plaintiff’s right to rescind conspicuously and separately stated on the release.\n\n","order_by":null,"text":{"0":{"id":1408183,"text":"When a claimant or plaintiff executes a release of liability as a condition of settlement in a claim or action for personal injury within thirty days of the incident giving rise to such claim, such claimant or plaintiff shall have a right of rescission until midnight of the third business day after the day on which the release was executed, provided that he was not represented by counsel when the release was executed, the rescission was made in writing to the person or persons being released, their representative or insurance carrier, and the claimant returns to the person or persons being released any check or settlement proceeds received by the claimant prior to the rescission. A release of liability executed within thirty days of the incident giving rise to the claim for personal injury by a person who is not represented by counsel shall contain a notice of the claimant’s or the plaintiff’s right to rescind conspicuously and separately stated on the release.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":53633,"edition_id":2,"name":"Compromises","identifier":"16","label":"chapter","depth":2,"order_by":32,"parent_id":53558,"metadata":{"child_laws":4,"child_structures":0},"date_created":"2026-08-02 03:19:45","date_modified":"2026-08-02 12:28:20","permalink":{"id":1504733,"object_type":"structure","relational_id":53633,"identifier":"16","token":"8.01\/16","url":"\/8.01\/16\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53558,"edition_id":2,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":12,"parent_id":null,"metadata":{"child_laws":1095,"child_structures":142},"date_created":"2026-08-02 03:18:32","date_modified":"2026-08-02 12:28:09","permalink":{"id":1504031,"object_type":"structure","relational_id":53558,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":377339,"structure_id":53633,"section_number":"8.01-424","catch_line":"Approval of compromises on behalf of persons under a disability in suits or actions to which they are parties","url":"\/8.01-424\/","token":"8.01\/16\/8.01-424","metadata":false},{"id":377338,"structure_id":53633,"section_number":"8.01-424.1","catch_line":"Settlement of third-party action; deemed consent by employer","url":"\/8.01-424.1\/","token":"8.01\/16\/8.01-424.1","metadata":false},{"id":377341,"structure_id":53633,"section_number":"8.01-425","catch_line":"How fiduciaries may compromise liabilities due to or from them","url":"\/8.01-425\/","token":"8.01\/16\/8.01-425","metadata":false},{"id":377340,"structure_id":53633,"section_number":"8.01-425.1","catch_line":"Release of liability; right of rescission","url":"\/8.01-425.1\/","token":"8.01\/16\/8.01-425.1","metadata":false}],"previous_section":{"id":377341,"structure_id":53633,"section_number":"8.01-425","catch_line":"How fiduciaries may compromise liabilities due to or from them","url":"\/8.01-425\/","token":"8.01\/16\/8.01-425","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-425.1\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapter 326<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2000, chapter 839<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1504747,"object_type":"law","relational_id":377340,"identifier":"8.01-425.1","token":"8.01\/16\/8.01-425.1","url":"\/8.01-425.1\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.01-425.1\/","token":"8.01\/16\/8.01-425.1","dublin_core":{"Title":"Release of liability; right of rescission","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-425.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When a claimant or plaintiff<\/span> executes a release of liability as a condition of settlement<\/span> in a claim or action<\/span> for personal injury within thirty days of the incident giving rise to such claim, such claimant or plaintiff<\/span> shall have a right of rescission until midnight of the third business day after the day on which the release was executed, provided that he was not represented by counsel<\/span> when the release was executed, the rescission was made in writing to the person<\/span> or persons<\/span> being released, their representative or insurance carrier, and the claimant returns to the person<\/span> or persons<\/span> being released any check or settlement<\/span> proceeds received by the claimant prior to the rescission. A release of liability executed within thirty days of the incident giving rise to the claim for personal injury by a person<\/span> who is not represented by counsel<\/span> shall contain a notice of the claimant’s or the plaintiff<\/span>’s right to rescind conspicuously and separately stated on the release.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRELEASE OF LIABILITY; RIGHT OF RESCISSION (\u00a7 8.01-425.1)\n\nWhen a claimant or plaintiff executes a release of liability as a condition of\nsettlement in a claim or action for personal injury within thirty days of the\nincident giving rise to such claim, such claimant or plaintiff shall have a\nright of rescission until midnight of the third business day after the day on\nwhich the release was executed, provided that he was not represented by counsel\nwhen the release was executed, the rescission was made in writing to the person\nor persons being released, their representative or insurance carrier, and the\nclaimant returns to the person or persons being released any check or settlement\nproceeds received by the claimant prior to the rescission. A release of\nliability executed within thirty days of the incident giving rise to the claim\nfor personal injury by a person who is not represented by counsel shall contain\na notice of the claimant’s or the plaintiff’s right to rescind\nconspicuously and separately stated on the release.\n\nHISTORY: 1999, c. 326; 2000, c. 839.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}