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Virginia Injury Claim Rules

Rules cited to Virginia’s statutes and case lawRules checked How we calculate

Fault ruleContributory negligenceAlmost any fault on your side can bar recovery completely.Virginia common law
Filing deadline2 yearsFrom the date of the injury.Va. Code § 8.01-243
Minimum insurance50/100/25Per person, per crash, property. Virginia is an at-fault state.
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.

Calculators with these rules built in

Virginia personal injury settlementAny injury someone else caused, valued under your state’s fault rule.Virginia car accident settlementInjury value plus your vehicle claim, with policy limits and no-fault rules.Virginia truck accident settlementCommercial policies carry far higher limits. See what that changes.Virginia motorcycle accident settlementSevere-injury ranges, fault disputes and the rider’s own coverage.Virginia pedestrian accident settlementHit on foot, including crosswalk fault and your own auto coverage.Virginia bicycle accident settlementCyclist claims under your state’s fault rule.Virginia rideshare accident settlementUber and Lyft layered coverage, by the driver’s app status.Virginia slip and fall settlementPremises claims, where proving the owner knew is half the case.Virginia dog bite settlementStrict-liability and one-bite states, and the homeowner’s policy that pays.Virginia wrongful death settlementLost support, household services and companionship, valued today.Virginia pain and sufferingCompare the multiplier and per-diem methods side by side.Virginia settlement offer checkerPlace an insurer’s offer inside your state’s range.Virginia demand letterA ready-to-edit demand letter for the insurance adjuster.Virginia filing deadlineYour last day to file an injury lawsuit, by state and claim type.Virginia comparative faultHow your share of fault changes the award under your state’s rule.Virginia policy limits and um/uim gapWhen the other driver’s policy runs out, and what your own covers.

This page collects the rules that decide what an injury claim is worth in Virginia: who can recover when both sides share the blame, how long you have to sue, what insurance drivers must carry and whether the state caps damages. Every rule links to the statute or court decision behind it, and every calculator on this site uses these same values.

Virginia’s contributory negligence rule is the one to know first: it can bar a claim for even a small share of fault, which changes how every claim there is negotiated.

Virginia injury claim rules

Fault. Virginia is one of only five places that still use contributory negligence. If you are found even slightly at fault, a court can bar your claim entirely. That makes proof of the other side’s fault, such as a police report, photos and witness statements, especially important. Narrow exceptions, such as the other driver’s gross or willful negligence and last clear chance, can still allow recovery.

Filing deadlines. You have two years from the injury to file a personal injury lawsuit. Families have two years for a wrongful death claim, usually counted from the date of death. Claims against a government agency need written notice much sooner.

Car insurance. Virginia is an at-fault state, so the at-fault driver’s liability insurance pays your claim. Drivers must carry at least $50,000 per injured person, $100,000 per crash and $25,000 for property damage, written 50/100/25. Raised from 30/60/20 on January 1, 2025. Paying a fee to drive uninsured ended in 2024. Uninsured motorist coverage is also required.

Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.

Dog bites. No general dog bite statute. The owner is liable if they knew the dog was dangerous or were negligent, for example by breaking a leash law.

Virginia injury claim questions

Can I still get a settlement in Virginia if I was partly at fault?

Usually not. Virginia uses contributory negligence, which can bar your claim if you were even slightly at fault. Narrow exceptions exist, so talk to a lawyer before giving up.

How long do I have to file a personal injury lawsuit in Virginia?

two years from the injury in most cases.

Who pays a personal injury settlement?

Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.

Does Virginia cap pain and suffering damages?

Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.