Virginia is one of only a handful of jurisdictions that still follows the harsh pure contributory negligence rule if a plaintiff is found even 1% at fault, they are completely barred from recovery. The state has a two-year statute of limitations, no general caps on compensatory damages in most personal injury cases, and a total damages cap in medical malpractice cases (approximately $2.6 million, increasing annually). Punitive damages are capped at $350,000. Auto insurance liability minimums increased to 50/100/25 effective January 1, 2025.
Virginia provides a two-year statute of limitations for most personal injury claims under Va. Code § 8.01-243(A). This applies to motor vehicle accidents, premises liability, product liability, and general negligence.
Wrongful death: Two years from the date of death (Va. Code § 8.01-244).
Medical malpractice: Two years from the date of the injury, or one year from discovery (whichever is later). A ten-year statute of repose applies (extended for foreign objects left in the body and cases involving fraud or concealment).
Property damage: Five years.
Defamation: One year.
Sexual abuse of a minor: Victims generally have until age 40 to file civil claims.
Claims against cities and towns require written notice within six months of the injury. Claims against the Commonwealth of Virginia (state government) require notice within one year. Virginia applies sovereign immunity broadly, with limited waivers under the Virginia Tort Claims Act (maximum recovery $100,000 per occurrence against the state, with some exceptions).
The statute is tolled for minors (until age 18, then two years to file), mental incapacity, and fraud or concealment by the defendant. The discovery rule applies in limited circumstances, primarily in medical malpractice.
Virginia follows pure contributory negligence one of only four states (plus Washington, D.C.) to retain this strict rule. If a plaintiff is found to have been even 1% at fault for their own injuries, they are completely barred from recovering any damages.
This is the strictest fault rule in the nation. Unlike the comparative fault systems used in 46 other states, there is no reduction of damages proportional to fault it is an all-or-nothing system. Insurance companies routinely use this rule to deny claims by arguing the plaintiff bears some share of fault.
Virginia does recognize the last clear chance doctrine, which may allow a negligent plaintiff to recover if the defendant had the last opportunity to avoid the accident and failed to do so.
Virginia imposes no caps on economic or non-economic damages in most personal injury cases, including auto accidents, premises liability, and product liability.
Virginia caps total damages (economic + non-economic combined) in medical malpractice cases. The cap increases annually by $50,000:
- Approximately $2.6 million as of July 1, 2023 (continuing to increase each year)
- This is one of the few states that caps total damages (not just non-economic) in med mal
Punitive damages in all personal injury cases are capped at $350,000 (Va. Code § 8.01-38.1). Punitive damages require proof of willful and wanton negligence, malice, or conscious disregard for others' safety.
The Virginia Tort Claims Act caps recovery at $100,000 per occurrence against the Commonwealth. Sovereign immunity applies broadly to state agencies and employees acting within the scope of their duties.
Virginia is an at-fault (tort) state.
- $50,000 per person for bodily injury (increased from $30,000)
- $100,000 per accident for bodily injury (increased from $60,000)
- $25,000 per accident for property damage
These represent a significant increase. The option to register an uninsured vehicle by paying an "Uninsured Motor Vehicle Fee" has been eliminated all vehicles must now carry insurance.
Virginia requires insurers to include Uninsured/Underinsured Motorist coverage in all auto policies. Policyholders may reject UM/UIM in writing but it is included by default.
Virginia does not require Personal Injury Protection (PIP). Medical Payments (MedPay) coverage is optional.
Personal injury lawsuits are filed in Circuit Court (general jurisdiction) for claims exceeding $4,500 in controversy. General District Court handles claims up to $25,000. Small Claims Court handles claims up to $5,000. Virginia has 120 Circuit Courts (organized by city and county).
Fairfax County, Virginia Beach, Norfolk (Hampton Roads), Arlington, Richmond, and Prince William County handle high volumes of personal injury litigation. Northern Virginia jurisdictions and Hampton Roads are among the busiest.
Virginia's large population, major metropolitan areas, military installations, extensive highway network, and diverse economy generate substantial personal injury litigation. Common case types include motor vehicle accidents (particularly on I-95, I-64, I-81, I-66, I-495/Capital Beltway, and Hampton Roads Bridge-Tunnel), commercial truck accidents (I-81 corridor is one of the busiest truck routes in the nation), motorcycle accidents, pedestrian and bicycle accidents (especially in Northern Virginia, Richmond, and Hampton Roads), premises liability (including slip-and-fall, retail injuries, and property security), medical malpractice, product liability, wrongful death, construction accidents, workplace injuries, dog bites (Virginia follows a combination of negligence and strict liability owner liable if they knew or should have known of dangerous propensities), military base and government contractor injuries, maritime and admiralty claims (Norfolk Naval Station and Hampton Roads ports), nursing home abuse, amusement park injuries (Busch Gardens, Kings Dominion), equestrian injuries, and injuries on federal lands (Shenandoah National Park, Blue Ridge Parkway).
Have questions about injury claims? Visit our Personal Injury FAQ for answers to the most common questions injury victims ask.
This is not legal advice. This page provides general information about Virginia personal injury law and is not a substitute for professional legal counsel. If you have been injured, consult with a qualified personal injury attorney licensed in Virginia to discuss the specific facts of your case.
Featured Major Verdict Members in Virginia
Featured Virginia Members
