Fracture settlements
in Virginia.
Virginia applies pure contributory negligence — 1% claimant fault bars recovery — with one of the oldest continuously applied contributory rules in the US. For fracture claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Virginia's pure contributory negligence and any applicable statutory cap.
Virginia retains pure contributory negligence — one of only a handful of US jurisdictions that has not abolished the rule. For fracture claims, this means any percentage of claimant fault, however small, bars recovery entirely. The rule converts mixed-liability fracture cases into binary outcomes and gives defendants and their insurers substantial settlement leverage. Plaintiffs' counsel here typically focus heavily on framing the claimant's conduct as faultless before damages are even discussed.
Virginia's caps (medical malpractice cap) apply to the non-economic component of fracture damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.
The US band is the starting point. Virginia's fault rule and any applicable cap then adjust the figure.