Personal injury law in Virginia
How long you have to file, how shared fault is treated, whether Virginia is a no-fault auto state, and what damages caps can limit a jury award. Every figure sourced.
Key rules at a glance
| Statute of limitations | 2 years Contributory negligence is a complete bar. |
|---|---|
| Negligence rule | Contributory negligence (1% bar) Virginia applies contributory negligence; 1% fault bars recovery. |
| Auto no-fault | No |
| Damages caps | Medical malpractice total damages cap under Va. Medical malpractice total damages cap under Va. Code § 8.01-581.15 (adjusts annually). |
What the filing deadline means in Virginia
Personal injury claims in Virginia must generally be filed within 2 years of the date of injury. Contributory negligence is a complete bar. If you miss the statute, the claim is time-barred regardless of how strong it is. Discovery rules can shift the start date for latent injuries, and government claims often carry much shorter notice deadlines (sometimes 60 to 180 days).
How shared fault works under contributory negligence (1% bar)
If you are even 1% at fault, recovery is completely barred. One of the strictest rules in the U.S. Virginia applies contributory negligence; 1% fault bars recovery.
Practical effect: if a jury values your case at $200,000 and assigns you any of the fault, you recover $0 in Virginia.
Damages caps in Virginia
Medical malpractice total damages cap under Va. Code § 8.01-581.15 (adjusts annually).
A cap does not change the value of your injuries; it changes what a jury is allowed to award. Caps most often apply to non-economic damages (pain and suffering) and to medical malpractice cases. Economic damages, like medical bills and lost wages, are generally not capped.
Case types in Virginia
These case-type hubs explain how settlement value is built and how each type interacts with Virginia's rules above.
Related reads
How Virginia's contributory negligence (1% bar) rule shapes auto settlement value.
Multi-party liability, FMCSA regulations, and the 30-day evidence window.
Helmet laws, anti-rider bias, and how comparative fault hits riders.
Premises liability and the negligence elements you must prove.
Standard of care, statute of repose, and Virginia's med-mal caps.
Workers' comp vs third-party liability claims.
Strict liability vs one-bite rule by state.
Who can file and what damages are recoverable.
Frequently asked questions
Sources
Want a different state? See all 50 state hubs.