Virginia law
Personal Injury Laws in Virginia.
Virginia is one of only a handful of states that still follows the pure contributory negligence doctrine — if you are even 1% at fault, you are completely barred from recovering damages. The general statute of limitations for personal injury is 2 years. Virginia is a fault-based auto insurance state with 50/100/25 minimum liability limits (effective January 2025). Punitive damages are capped at $350,000. There is no cap on compensatory damages for general personal injury.
Last verified: 2026-02-25
State law
Statute of Limitations
Actions for personal injury must be brought within 2 years after the cause of action accrues.
Exceptions
Wrongful death actions must be commenced within 2 years of the date of death. Only the personal representative of the decedent can bring the action.
If a person is a minor when the cause of action accrues, the statute is tolled until they reach age 18. They then have the standard 2 years to file.
Actions for damage to property (including motor vehicle property damage) have a 5-year statute of limitations.
Claims against the Commonwealth or its agencies must include written notice within 1 year of the incident. The lawsuit must be filed within 2 years. Sovereign immunity limits liability to $100,000 per claimant or $500,000 per occurrence.
State law
Fault & Liability Rules
Virginia follows pure contributory negligence — a plaintiff who is even 1% at fault is completely barred from recovery. This is one of the harshest fault rules in the nation. Virginia is one of only 4 states (plus D.C.) that still follows this doctrine. The "last clear chance" doctrine is the only exception, allowing recovery if the defendant had the last opportunity to avoid the accident.
State law
Damage Caps
Virginia does not cap compensatory damages (economic or non-economic) in general personal injury cases.
Punitive damages are capped at $350,000 in all civil actions. Punitive damages require proof by clear and convincing evidence of willful and wanton negligence or deliberate act. This cap has not been adjusted for inflation since its enactment.
State law
Auto Insurance System
Virginia is a fault-based state. Minimum liability limits are 50/100/25 (effective January 1, 2025, increased from 30/60/20). Virginia is unique in that auto insurance is technically optional — uninsured drivers previously paid a $500 annual fee to DMV, but this uninsured motorist fee was eliminated effective July 1, 2024. Driving without insurance is now a traffic violation.
State law
Key Virginia Statutes
The only practical exception to contributory negligence. If the defendant had the last clear chance to avoid the accident and failed to act, the plaintiff may recover despite their own negligence.
Virginia retains joint and several liability. When multiple defendants act in concert or their acts combine to cause a single injury, each defendant can be held liable for the full amount of damages. Right of contribution exists among joint tortfeasors under Va. Code § 8.01-34.
Virginia has no commercial dram shop law — bars and restaurants generally cannot be sued for injuries caused by intoxicated patrons. Limited social host liability may apply when serving alcohol to minors.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Virginia.
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