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VA
★ US · South

Personal injury in
Virginia.

By Reviewed by Abd Shanti, Founder7 min read

Virginia applies pure contributory negligence, 1% claimant fault bars recovery, with one of the oldest continuously applied contributory rules in the US.

Virginia is one of five US jurisdictions retaining pure contributory negligence and has the longest continuous tradition of the rule. The medical-malpractice cap rises annually under § 8.01-581.15; the 2024-25 figure is approximately $2.65 million, climbing toward $3 million by the early 2030s. The PI statute of limitations is two years.

★ statute of limitations
2 years from date of injury

Va. Code § 8.01-243

★ fault rule
Pure contributory negligence

Pure contributory negligence, 1% claimant fault bars all recovery. Virginia retains the rule by long-standing common-law tradition and has resisted both judicial and legislative repeal.

★ VA · statutory caps

What caps recovery.

Caps and ceilings imposed by Virginia law that bear on settlement values.

★ VA · key facts

What makes Virginia different.

The handful of details that distinguish this jurisdiction from its neighbours.

★ VA · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Virginia law.

★ VA · court decisions

What Virginia courts have decided.

Reported Virginia decisions for each injury type, each with a link to the judgment and to the full injury guide.

★ VA · rules that decide claims

The rules in Virginia.

Statutes and rulings that come up again and again in Virginia injury claims, each with its source.

Fault ruleContributory negligence: if your own negligence is a proximate cause of the accident, it bars recovery. Last clear chance does not supersede that rule; a negligent plaintiff may recover only if his negligence was a remote cause.Williams v. Harrison (Va. 1998)
Deadline to sue“[E]very action for personal injuries, whatever the theory of recovery … shall be brought within two years after the cause of action accrues.”Va. Code § 8.01-243(A)
Seat belt useNot wearing a seat belt “shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel” in a motor vehicle injury case.Va. Code § 46.2-1094(D)
Claims against governmentCities, counties and towns must receive written notice within 6 months; claims against the Commonwealth need notice within 1 year and are capped at $100,000 or the insurance limit if higher.Va. Code §§ 15.2-209, 8.01-195.6, 8.01-195.3; see our notice table
Open and obvious hazardsWhen you are hurt by an open and obvious danger, you must show conditions outside yourself that prevented you from seeing it or excuse the failure; the distraction must be “unexpected and substantial.”Fultz v. Delhaize America (Va. 2009)
When fault is for the juryContributory negligence is ordinarily a question of fact and becomes one of law only when reasonable minds could not differ.Fultz v. Delhaize America (Va. 2009)
Total malpractice cap$2.70 million for acts from 1 July 2025 to 30 June 2026; $2.75 million from 1 July 2026 to 30 June 2027; then $2.80 million, rising to $2.95 million by 2030.Va. Code § 8.01-581.15
Weekly benefit ratesMaximum $1,507.01 and minimum $376.75 from 1 July 2026; the cost of living adjustment rate is 2.65% from 1 October 2026.Virginia Workers’ Compensation Commission, notice of 2026 rates
★ other US jurisdictions

Compare across United States.

How Virginia compares with its neighbours in the South on fault rule and limitation period.

JurisdictionFault ruleLimitation
Virginia· you are herePure contributory negligence2 years from date of injury
Alabama (AL)Pure contributory negligence2 years from date of injury
Arkansas (AR)Modified comparative, 50% bar3 years for personal injury; 2 years for medical malpractice
Florida (FL)Modified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)
Georgia (GA)Modified comparative, 50% bar2 years from date of injury
Kentucky (KY)Pure comparative negligence1 year for personal injury (one of the shortest in the US)
Louisiana (LA)Modified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024
Mississippi (MS)Pure comparative negligence3 years from date of injury
North Carolina (NC)Pure contributory negligence3 years from date of injury
South Carolina (SC)Modified comparative, 51% bar3 years from date of injury
Tennessee (TN)Modified comparative, 50% bar1 year from date of injury, among the shortest in the US
Texas (TX)Modified comparative, 51% bar2 years from date of injury
West Virginia (WV)Modified comparative, 51% bar2 years from date of injury

Every United States jurisdiction compared

★ VA · frequently asked

Common questions.

Common questions about personal injury claims in Virginia, answered with the relevant statutory references.

★ editorial note

This page summarises the Virginia statutory framework as of 2026-10-26. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Virginia. See /methodology, /sources, and /disclaimer.