What You Need to Know About Personal Injury Law in Virginia

If you've been injured in an accident in Virginia, you might be wondering about your legal rights. Can you file a claim? What if you were partially at fault? How much time do you have to take action? These are important questions—and in this post, we’ll break down what you need to know about personal injury law in the Commonwealth of Virginia.

What Counts as a Personal Injury Case?

Personal injury law covers a wide range of accidents where someone else’s negligence causes harm. In Virginia, this includes car crashes, slip and falls, medical malpractice, dog bites, nursing home abuse, and more. If you’ve suffered an injury because someone else wasn’t being careful, you may be entitled to compensation.

The Basics of Proving Negligence

To win a personal injury case, you need to prove that the other person was negligent. That means showing they owed you a duty of care, broke that duty, and caused your injuries as a result. For example, if someone runs a red light and hits your car, that’s a clear breach of their duty to drive safely.

Virginia Is a Contributory Negligence State

This is a big one: Virginia follows something called contributory negligence. That means if you’re found to be even 1% at fault for the accident, you can’t recover any damages. It’s a tough rule—and one of the strictest in the country—so it’s critical to build a solid case showing you were completely blameless.

You Have a Limited Time to File

Virginia’s statute of limitations for personal injury claims is usually two years from the date of the injury. If you miss this deadline, your case could be dismissed—even if it’s a strong one. There are a few exceptions (like for minors), but in general, it’s important to act quickly.

What Can You Be Compensated For?

In a successful claim, you might receive compensation for:

• Medical bills

• Lost wages

• Pain and suffering

• Property damage

• Emotional distress

In rare cases, the court may also award punitive damages if the at-fault party acted particularly recklessly or maliciously.

Dealing With Insurance Companies

Most injury claims are settled out of court with insurance companies—but that doesn’t mean the process is easy. Insurance adjusters are trained to minimize payouts, so you’ll need to present strong documentation (like medical records and repair bills) and possibly negotiate hard. An experienced attorney can be a huge asset here.

When You Need to Go to Court

If the insurance company refuses to offer a fair settlement, your next step is filing a lawsuit. Smaller claims (under $50,000) go to General District Court, while bigger ones are handled in Circuit Court. Virginia courts have strict procedures, so legal guidance is often essential.

Special Rules for Suing the Government

If your injury involves a government agency (like being hit by a city bus), the process is different. You’ll need to file written notice with the appropriate office—often within a short period of time. These cases can be tricky, so don’t delay.

Why Legal Help Matters

Virginia’s laws aren’t especially friendly to injury victims—especially with the harsh contributory negligence rule. A personal injury lawyer can help you investigate your case, protect your rights, and negotiate for the compensation you deserve. Even just a consultation can clarify your options.

Final Thoughts

Getting hurt in an accident is stressful enough without worrying about legal red tape. But if someone else caused your injuries, you shouldn’t have to bear the burden alone. Knowing how Virginia’s personal injury laws work—and getting help when you need it—can make all the difference in getting your life back on track.

If you think you might have a case, do not hesitate to reach out to us. Consultations are always free and we are here to help. Call us at 1(540) 900-6824.