Virginia Personal Injury Law

The following summary of Virginia personal injury laws and case types will help you understand important aspects of injury claims in this state.

Virginia Statute of Limitations:

• General Personal Injury: 2 years
• Medical Malpractice: 2 years and 1 year if the cause is due to a foreign object, up to a maximum of ten years from discovery
• Product Liability: 2 years
• Wrongful Death: 3 years

Caps on Personal Injury Awards in Virginia:

There is a $350,000 cap on punitive damages in Virginia and a $1.5 million dollar cap on medical malpractice claims.

Virginia Serious Injury Threshold:

There is no serious injury threshold in Virginia.

Virginia is a Fault state and follows the pure contributory negligence system meaning that if the injured party is at fault at all, even as little as 1%, this is a complete bar to recovery. The only exception is railroad crossing accidents.

Personal Injury Claims & Theories of Liability in Virginia:

Wrongful Death Cases: When someone dies as a result of the negligence of another party, the negligent party may be liable for wrongful death of the victim. Compensation is limited and depends on if this is due to a medical malpractice claim or if punitive damages are involved.

Slip and Fall Accidents: Property owners are required to maintain their property in such a way that it is free of known dangerous conditions. If a property owner knows of a condition and fails to warn (i.e. electric fence) or there exists a condition that the property owner would have known about with a reasonable inspection, and an injury occurs, the property owner may be liable.

Auto Accident Claims: If an automobile driver is negligent and as a result of that negligence they injure another person, they will be liable under a general negligence theory.

Medical Malpractice Claim: If a patient is injured, it is only medical malpractice if the health care provider failed to follow the governing standard of care when providing treatment.

Product Liability Lawsuits: Products that fail to perform in the way in which they were designed or products that injure a victim in the distribution or manufacture thereof give rise to liability as to the designer, manufacturer or distributor under the strict liability theory - meaning that the injured party need not prove fault.

Workers' Compensation Laws: In Virginia, employers must carry workers compensation insurance, therefore it is a compulsory state. This protects and covers employee who might be injured while working in the scope of their employment.

For More Information Check out these sites:

Attorney General of Virginia

Virginia State Bar