Accidents & Injuries in Virginia

Virginia Code Section 8.01-243 provides a two-year statute of limitations for personal injury claims. Government entity claims under the Virginia Tort Claims Act (Va. Code § 8.01-195.7) must be filed within one year — shorter than the standard limitations period. Missing the government notice deadline may permanently bar your claim.

Yes. Virginia applies traditional contributory negligence. If a jury finds that you were even 1% at fault for an accident, you may be completely barred from recovering any damages from the other party — regardless of how negligent they were. Virginia courts apply this rule strictly. This makes it critically important to avoid any admissions of fault at the scene of an accident and to consult a Virginia attorney before making any statements to insurance companies.

No. Virginia is a traditional tort (fault-based) state. Virginia is also notable for allowing drivers to pay an annual uninsured motor vehicle fee in lieu of purchasing liability insurance — though this does not provide coverage and exposes drivers to personal liability. The standard approach is to carry required liability insurance. Virginia does not require mandatory personal injury protection (PIP) coverage.

Virginia does not impose a general cap on compensatory damages in most personal injury accident cases. However, wrongful death non-economic damages have specific limitations under Va. Code § 8.01-52. Government claims under the Virginia Tort Claims Act are subject to a recovery cap of $2 million per claim under Va. Code § 8.01-195.3.