Home › Personal Injury Laws by State › Virginia Personal Injury Laws

Virginia generally requires most personal injury lawsuits based on negligence to be filed within two years after the claim accrues. Different rules, exceptions, tolling provisions, and notice requirements for claims against governmental entities may apply depending on the claim and the parties involved. This page cannot determine which deadline applies to any particular situation; only a licensed Virginia attorney reviewing the facts can do that.

Virginia generally follows an at-fault system for motor-vehicle injury claims. Liability ordinarily depends on who caused the collision. The compensation available in any particular matter generally depends on the injuries or losses involved and the insurance coverage that applies. How these rules apply in any individual situation depends on its facts, and if the parties involved cannot agree on liability, the court process may be necessary to resolve it.

Virginia follows a contributory-negligence rule, which differs from the comparative-fault systems used in most states. In general terms, a person found to have contributed to their own injury through their own negligence may be barred from recovering compensation in a negligence claim, even if another party bears greater fault. Virginia law also recognizes doctrines and exceptions that can affect how this rule applies. Whether and how fault is attributed in any particular matter depends on its facts and may have to be determined by a court of law.

Virginia generally requires owners of registered vehicles to maintain liability insurance that meets minimum requirements established by state law; the former option to pay an uninsured-motor-vehicle fee instead of maintaining insurance was eliminated in 2024. Virginia policies also generally include uninsured- and underinsured-motorist coverage under limits and elections established by state law. The coverage available in any particular situation depends on the policies involved and current law.

Virginia does not impose a general cap on compensatory damages in most personal injury cases, but state law does limit damages in specific kinds of claims, including an overall limit that applies in medical malpractice cases, with amounts that adjust over time, and limits on punitive damages. Special rules also apply to claims involving governmental entities. Because these provisions and amounts may change, this page does not state a dollar figure or determine whether any limit applies to a particular matter.

Virginia personal injury lawsuits may be filed in the state's circuit courts, which have general civil jurisdiction, or in general district court for some more limited civil matters. Many injury claims are resolved through insurance processes or negotiation without a lawsuit being filed. Which court, if any, would be appropriate depends on the nature of the claim, the relief involved, and other facts that a licensed Virginia attorney can evaluate.

A licensed Virginia attorney can explain how rules involving deadlines, fault, insurance, damages, and procedure may apply to a specific situation—something a general reference page cannot do. This platform helps injured people seek connections with participating local personal injury attorney offices in the Virginia communities listed below, based on availability. Requesting a connection is free and carries no obligation to hire an attorney.