Virginia

Find an Attorney in Virginia

Virginia is one of only four U.S. jurisdictions still using pure contributory negligence — any plaintiff fault, even 1%, bars recovery. Add Virginia’s tight 2-year PI SOL, statutory med-mal caps, and a Workers’ Compensation Commission that decides many cases without judges, and procedural detail matters as much as the underlying facts.

Practice areas in Virginia

Common questions about Virginia attorneys

Virginia is one of only four U.S. jurisdictions (with D.C., Maryland, and North Carolina) that still use pure contributory negligence. If you’re even 1% at fault, you recover nothing. The General Assembly has never adopted comparative fault. The "last clear chance" doctrine — where a defendant who could have avoided the accident bears full liability — is one of the few workarounds, but it requires specific factual circumstances.
Two years from the date of injury under Va. Code § 8.01-243 for most negligence claims. Property damage has a 5-year SOL. Medical malpractice has its own 2-year SOL under § 8.01-243.1, with limited discovery-rule extensions. Claims against the Commonwealth require a 1-year written notice under the Virginia Tort Claims Act, and damages are capped.
Yes — Va. Code § 8.01-581.15 caps medical-malpractice damages on a sliding scale that rises $50,000 annually. As of 2024, the cap is approximately $2.6M and rises each July 1. The cap applies to total recovery from all defendants per claimant, including both economic and non-economic damages. Virginia is one of the few states with a statutory total-damages cap that has been upheld constitutionally.
The Virginia Values Act (effective July 2020) substantially expanded the Virginia Human Rights Act (VHRA, Va. Code § 2.2-3900). It added sexual orientation, gender identity, and pregnancy as protected classes; allowed compensatory and punitive damages and attorney fees (uncapped); and lowered the employee threshold for many provisions. Before the VVA, Virginia had one of the weakest state employment-discrimination regimes in the country.
VA workers’ comp runs through the Virginia Workers’ Compensation Commission under Title 65.2. You file a claim, attend a hearing before a Deputy Commissioner, and can appeal to the full Commission. Income benefits are two-thirds of average weekly wage (subject to a maximum), with 500 weeks of total disability available. Medical treatment is typically employer-directed through a panel of physicians, with limited rights to change without Commission approval.

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