Virginia § 65.2-311 - Expenses and attorney's fees in action under § 65.2-309 or § 65.2-310
Full text of Virginia Code of Virginia § 65.2-311 — Expenses and attorney's fees in action under § 65.2-309 or § 65.2-310, with citation guidance and answers to common questions.
§ 65.2-311. Expenses and attorney's fees in action under § 65.2-309 or § 65.2-310
A. Except as provided in subsection B, in any action, or claim for damages, by an employee, his personal representative or other person against any person other than the employer, and in any such action brought, or claim asserted, by the employer under his right of subrogation provided for in § 65.2-309, if a recovery is effected, either by judgment or voluntary settlement, the reasonable expenses and reasonable attorney's fees of such claimants shall be apportioned pro rata between the employer and the employee, his personal representative or other person, as their respective interests may appear.
B. If the employer is required to institute an action against any party to recover some or all of its lien pursuant to subsection D of § 65.2-309, the employer shall not be required to pay any share of the reasonable expenses and reasonable attorney's fees associated with that portion of its lien that is not preserved by the employee, his personal representative or other person.
Code 1950, § 65-39.1; 1960, c. 89; 1968, c. 660, § 65.1-43; 1991, c. 355; 2004, cc. 914, 941.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 65.2-311
What does Code of Virginia § 65.2-311 cover?
Section 65.2-311 ("Expenses and attorney's fees in action under § 65.2-309 or § 65.2-310") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 65.2-311?
A common citation format is "Code of Virginia § 65.2-311" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 65.2-311 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.