Commonwealth v. Smith

Code § 8.01-66.9 gives the Commonwealth a lien for the amount due to state-operated hospitals and rehabilitative facilities where such institutions have afforded medical care to a person injured by the alleged negligence of another. The lien is imposed on the claim of the injured person against the alleged tort-feasor. The statute empowers the court in which a suit against such a tortfeasor is pending to reduce the Commonwealth’s lien, and to apportion the recovery among the parties entitled thereto, “where the first offer acceptable to plaintiffs attorney is not made until seventy-two hours…