Personal Injury Law in Virginia
Key rules for personal injury claims in Virginia — statute of limitations, fault system, damage caps, insurance requirements, and government claim deadlines.
Key Points — Virginia
- 01Contributory negligence — even 1% fault bars recovery entirely
- 02One of the few states allowing driving without insurance (with fee)
- 032-year statute of limitations
- 04Med mal cap adjusted annually
Rules at a Glance
- Statute of Limitations
- 2 years from the date of injury
- Fault System
- Contributory negligence — Virginia uses pure contributory negligence. If the injured person is even 1% at fault, recovery is completely barred.
- Damage Caps
- No general cap on compensatory damages. Medical malpractice total damages capped at approximately $2.55 million (adjusted annually).
- Government Notice Deadline
- Written notice within 6 months to 1 year depending on the government entity.
- Auto Insurance System
- At-fault state. Virginia allows drivers to pay an uninsured motorist fee instead of carrying insurance.
- Minimum Liability Coverage
- 30/60/20 (or $60,000 single limit). Alternatively, $500 annual uninsured fee.
- Workers' Comp Deadline
- Report as soon as practicable. File claim within 2 years.
Fault System in Virginia
Virginia uses pure contributory negligence. If the injured person is even 1% at fault, recovery is completely barred.
Auto Insurance in Virginia
At-fault state. Virginia allows drivers to pay an uninsured motorist fee instead of carrying insurance.
Minimum required liability coverage: 30/60/20 (or $60,000 single limit). Alternatively, $500 annual uninsured fee..
General information only. This page explains common concepts in plain language. It is not legal advice and does not create an attorney-client relationship. Laws vary by state and change over time. For any specific situation, consult a licensed attorney in your jurisdiction.