Virginia Car Accident Settlement Calculator

Contributory Negligence State - Understanding Virginia's Strict 1% Fault Bar

Negligence Law

Contributory Negligence

Virginia follows pure contributory negligence (Va. Code § 8.01-58), one of the strictest rules in the US. If plaintiff is found even 1% at fault, they are completely barred from recovering any compensation. Virginia is one of only 5 jurisdictions with this harsh rule.

Damage Caps

No Cap

No limit on non-economic damages

Statute of Limitations

2 years for personal injury

Deadline to file your lawsuit

Understanding Virginia's Negligence Law

What is Contributory Negligence?

Virginia follows pure contributory negligence (Va. Code § 8.01-58), one of the strictest rules in the US. If plaintiff is found even 1% at fault, they are completely barred from recovering any compensation. Virginia is one of only 5 jurisdictions with this harsh rule.

Example:

If plaintiff is 30% at fault for $100k damages in Virginia, they recover $0 (complete bar to recovery).

Critical Warning

Virginia is one of only 5 jurisdictions with contributory negligence. If you were even 1% at fault, you may recover NOTHING. Consult an attorney immediately.

Damage Caps in Virginia

Limited exceptions exist (common carrier safety violations, last clear chance doctrine)

Personal Injury Statistics in Virginia

Average Settlement

$0

Based on reported cases in Virginia

Cases Filed Annually

2,593

Personal injury lawsuits per year

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This calculator provides estimates only and is not legal advice. Laws in Virginia are complex and individual case results vary. Consult a licensed Virginia attorney for advice specific to your case.

Virginia Car Accident Calculator 2025 | Contributory Law | SettlementCalcUSA