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Virginia Personal Injury

Virginia Personal Injury Laws

In This Section:

Understanding Virginia personal injury law gives you a better understanding on your rights for compensation, damages, and awards. Discussing your specific case with a Virginia personal injury attorney is also a great step in the right direction. If the information highlighted below does not answer your questions on personal injury law in Virginia please browse our site for more information or complete our free case evaluation.

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Virginia Statute of Limitations

(Is there a time period for filing a claim in Virginia?)
The statute of limitations In Virginia are a bit different from case to case. The time for general personal injury is 2 years. The statute of limitations for medical malpractice is 1 to 2 years. Wrongful death is 3 years and intentional torts are 1 year. The laws could change at anytime and it is always wise to consult your Virginia injury attorney.

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Virginia is a Fault State for Car Accidents

These rules apply to lawsuits and car accident cases for Virginia and allow an injured party to sue for any accident caused by another party. But being that Virginia is a contributory negligent state, if a party owns any percentage of the fault then they might be liable and cannot sue. Though there could be an exception to the rule such as accidents at railroad crossings.

Virginia is a Contributory Negligence State

Since Virginia uses this contributory negligence rule for their state system, if you played any part at all in your accident or injuries then you simply can't sue. Personal injury laws can get confusing, ask a Virginia attorney to assist you in proving negligence.

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Are there Damage Caps in Virginia Injury Law?

(How much will I get?)
Virginia does have damage caps for awards and compensation. Some damage caps in Virginia are $350k on punitive damages and $1.5mil cap on claims of malpractice. There can also be a "total damage" cap up towards $2 million for certain acts occuring after 2008. -The damage cap amount can differ for different types of awards offered. It's always a wise decision to find out specific details from an injury lawyer. Though Virginia does have damage caps there is no serious injury thresholds.


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