Personal Injury Law: Virginia



The laws related to personal injury claims are determined by the state in which a case is filed. Before filing a claim, it is advisable to seek the services of an experienced personal injury attorney. He or she will help you present your case in a professional and accurate manner.

Virginia is a “Comparative-Fault” State

The state of Virginia is considered a modified comparative-fault or contributory-negligence system. This means that a claimant cannot be “significantly at fault” for their own injuries and receive damages. This determination is made on a case by case basis.

Potential Damages for Personal Injury in Virginia

Claimants can seek two types of damages in a Virginia personal injury case. These include financially-based and non-financially based losses.

Financial damages include lost wages, loss of future earnings, property damage, cost of household help, and medical expenditures. Non-financially based include pain and suffering.

Statute of Limitations for Personal Injury Claims in Virginia

In each state there is a limit to the amount of time you have to file a personal injury claim. For libel and slander cases, you have just one year to file, while in all other personal injury lawsuits, you have two years. The statute of limitations begins the moment the injured party realized they have suffered harm.

In most cases, injuries are immediately apparent, but this is not always true. In some cases, injuries don’t become apparent until long after the accident that caused them. If this happens, you should seek the help of a personal injury lawyer. He or she may be able to argue your claim whether or not it falls outside the statute of limitations.