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.
No Cap
No limit on non-economic damages
2 years for personal injury
Deadline to file your lawsuit
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.
Limited exceptions exist (common carrier safety violations, last clear chance doctrine)
$0
Based on reported cases in Virginia
2,593
Personal injury lawsuits per year
Virginia is one of only five jurisdictions maintaining pure contributory negligence, where any plaintiff fault bars all recovery. The Litchford v. Hancock (2001) case reaffirmed this strict standard.
Virginia's proximity to Washington D.C. creates significant federal contractor and government-related litigation. Cases involving federal facilities have complex procedural requirements.
The state has seen substantial coal mining litigation, with black lung disease cases and mining accidents creating significant claims.
Virginia personal injury cases are filed in Circuit Court, with 31 judicial circuits. Fairfax County and Virginia Beach handle substantial civil litigation.
Virginia follows the Rules of the Supreme Court of Virginia. The state has unique procedural requirements including responsive pleadings.
Virginia courts use settlement conferences and encourage mediation. The state's contributory negligence rule significantly affects case selection.
Virginia attorneys are licensed by the Virginia State Bar. Given Virginia's contributory negligence rule, proving zero plaintiff fault is essential to any recovery.
The Virginia Trial Lawyers Association is the state's primary plaintiff attorney organization. Experience overcoming contributory negligence defenses is crucial.
Contingency fees typically range from 33-40%. Many attorneys are selective about cases given Virginia's all-or-nothing contributory negligence rule.
Virginia's statute of limitations for personal injury is 2 years under Va. Code Ann. § 8.01-243. This applies to most negligence claims.
Medical malpractice also has a 2-year limit. Claims against Virginia government entities have specific procedures under the Virginia Tort Claims Act with a 1-year notice requirement.
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.