Personal Injury in Virginia

Virginia is one of only four states following pure contributory negligence — even 1% plaintiff fault bars all recovery. This makes Virginia one of the most defense-friendly states for personal injury litigation. Contingency fees average 33.33% pre-trial. Virginia has a two-year statute of limitations and caps medical malpractice damages at $2.55 million (adjusted annually). The state does not recognize a "loss of chance" doctrine in medical malpractice. Auto accident cases must navigate Virginia's unique insurance landscape — the state allows drivers to pay a $500 Uninsured Motor Vehicle Fee instead of purchasing liability insurance. Workers' compensation claims are handled through the Virginia Workers' Compensation Commission. Virginia recognizes premises liability with traditional classifications of invitee, licensee, and trespasser status.