Virginia Personal Injury Laws
Virginia retains the contributory negligence doctrine, completely barring recovery if the plaintiff is even minimally at fault. The state caps total damages in medical malpractice cases at $2.55 million (increasing annually). Virginia's proximity to the nation's capital and its large federal workforce create a unique legal environment where many cases involve government entities.
Statute of Limitations
2 years
Fault Rule
Contributory Negligence
Non-Economic Damages Cap
No Cap
Fault Rule: Contributory Negligence
If you are even 1% at fault for your injury, you are completely barred from recovering any damages. This is the strictest fault rule in the country.
Average Settlement Amounts in Virginia
Settlement amounts vary based on injury severity, liability, and other factors. Below are estimated average settlements for common injury types in Virginia.
| Injury Type | Average Settlement |
|---|---|
| Car Accident | $20,000 |
| Slip and Fall | $16,000 |
| Dog Bite | $30,000 |
Key Virginia Personal Injury Statutes
- •Va. Code Ann. § 8.01-243 (statute of limitations)
- •Baskett v. Banks (contributory negligence doctrine)
- •Va. Code Ann. § 8.01-581.15 (med mal total damages cap)
Damage Caps in Virginia
Virginia does not impose a general cap on non-economic damages in personal injury cases. This means there is no statutory limit on pain and suffering awards in most cases.
For medical malpractice cases specifically, Virginia caps damages at $2,550,000.
Injury Claims in Virginia
Learn more about specific injury types and how Virginia law applies to each.
Major Cities in Virginia
Personal injury attorneys in Virginia serve clients in Virginia Beach, Norfolk, Chesapeake, Richmond, Arlington, and surrounding areas. If you have been injured in any of these cities, the same state laws described above apply to your claim.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.