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★ Virginia · head & brain

Head & brain settlements
in Virginia.

By Reviewed by Abd Shanti, Founder9 min read

Virginia’s Supreme Court handled two brain injury verdicts in 2024 and 2025. A passenger’s $7 million award, thrown out by the Court of Appeals, was put back on the evidence question. A $1.6 million award for a fall blamed on a missed low sodium result was reversed because the jury never heard the defense causation instruction.

Facts that decide a head & brain claim in Virginia

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
united states · sister site
Your head & brain claim in Virginia. See the number for your own case.

FairSettlement gives you a free estimate for your own head & brain case in about two minutes, no cost and no obligation.

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★ VA · reported head & brain outcomes

What Virginia courts have awarded.

Real Virginia decisions and verdicts, each linked to the court record or official report.

  • Al-Saray v. Furr
    Supreme Court of Virginia · 2025
    $7,000,000 verdict; appeal ruling reversed

    Tamara Al-Saray was a rear seat passenger when the car she was in turned left at a Prince William County intersection and was hit by Sharon Furr, who was driving at about 45 miles per hour. Al-Saray suffered a traumatic brain injury. Furr said she had 300 to 400 feet of clear view but saw only “a white blur.” The jury awarded $7,000,000. The Court of Appeals reversed for insufficient evidence, but the Supreme Court held the evidence was enough and sent the case back for Furr’s remaining arguments.

  • Emergency Physicians of Tidewater v. Hanger
    Supreme Court of Virginia · 2024
    $1,600,000 verdict reversed

    In 2017 Patricia Hanger’s blood sodium tested at 122 in the ER, below the normal 133 to 145, and she said she was never told. Twelve days later her husband found her unresponsive on the kitchen floor, bleeding from a wound over her eye, and her doctor attributed a traumatic brain injury to it. The jury awarded $1.6 million. The Supreme Court reversed because the defense was entitled to an instruction on what to do if the cause of the fall could not be determined.

★ VA · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Virginia.

  1. 1

    Passengers are rarely at fault, which matters in a contributory negligence state. Al-Saray’s claim turned only on the drivers’ conduct.

  2. 2

    Choosing whom to sue has consequences. Al-Saray dropped her claim against her own driver before trial and had to prove Furr was negligent.

  3. 3

    In a brain injury from a fall, causation is the battleground. Hanger lost her verdict over the question of what made her fall.

★ VA · statute of limitations
2 years from date of injury

Va. Code § 8.01-243

★ VA · 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 · caps

What caps recovery.

Statutory caps that may bear on a head & brain settlement in Virginia.

★ head & brain · same region & fault regime

Compare to like jurisdictions.

How Virginia's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
Virginia · you are herePure contributory negligence2 years from date of injury—
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · head & brain →
AlabamaPure contributory negligence2 years from date of injuryAL · head & brain →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · head & brain →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · head & brain →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · head & brain →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · head & brain →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · head & brain →
MarylandPure contributory negligence3 years from date of injuryMD · head & brain →
North CarolinaPure contributory negligence3 years from date of injuryNC · head & brain →
WashingtonPure comparative negligence3 years from date of injuryWA · head & brain →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · head & brain →
WyomingModified comparative, 51% bar4 years from date of injuryWY · head & brain →
★ VA · head & brain · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt in a car crash in Virginia? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-29.

★ all of VA
Virginia overview

Fault rule, statute, caps, and key facts for Virginia as a whole.

★ national frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Virginia. See /methodology, /sources, and /disclaimer.