Virginia Personal Injury Laws

Wrongful death actions must be commenced within 2 years of the date of death. Only the personal representative of the decedent can bring the action.

If a person is a minor when the cause of action accrues, the statute is tolled until they reach age 18. They then have the standard 2 years to file.

Actions for damage to property (including motor vehicle property damage) have a 5-year statute of limitations.

Claims against the Commonwealth or its agencies must include written notice within 1 year of the incident. The lawsuit must be filed within 2 years. Sovereign immunity limits liability to $100,000 per claimant or $500,000 per occurrence.

Virginia does not cap compensatory damages (economic or non-economic) in general personal injury cases.

Punitive damages are capped at $350,000 in all civil actions. Punitive damages require proof by clear and convincing evidence of willful and wanton negligence or deliberate act. This cap has not been adjusted for inflation since its enactment.

The only practical exception to contributory negligence. If the defendant had the last clear chance to avoid the accident and failed to act, the plaintiff may recover despite their own negligence.

Virginia retains joint and several liability. When multiple defendants act in concert or their acts combine to cause a single injury, each defendant can be held liable for the full amount of damages. Right of contribution exists among joint tortfeasors under Va. Code § 8.01-34.

Virginia has no commercial dram shop law — bars and restaurants generally cannot be sued for injuries caused by intoxicated patrons. Limited social host liability may apply when serving alcohol to minors.