How is Virginia injury law different?
Virginia applies contributory negligence, gives you only two years to file most injury lawsuits, requires written notice within six months for negligence claims against a county, city, or town, and caps punitive damages at $350,000 (Va. Code § 8.01-243(A); § 15.2-209; § 8.01-38.1). Those rules, plus Virginia's unusual approach to underinsured motorist coverage, shape every case we bring there.
Contributory negligence and last clear chance
In Virginia, an injured person whose own negligence was a proximate cause of the injury generally cannot recover, even if the other side was far more at fault. The Supreme Court of Virginia walked through the rule and its main exception in Coutlakis v. CSX Transportation, Inc., 293 Va. 212 (2017), explaining that a plaintiff's contributory negligence would ordinarily result in a finding for the defendant unless the last clear chance doctrine applies.
Insurers know this, and their adjusters build their defense around it. They will say you were speeding, distracted, outside the crosswalk, or should have seen the danger. We answer with proof: video, photographs, witness accounts, and the other side's own records, so the question becomes what actually caused the crash, not whether you were perfect.
Last clear chance can let a negligent plaintiff recover. Under Coutlakis, Virginia recognizes two versions. If you were helpless (in danger and physically unable to get out of it), the defendant is liable if he saw, or should have seen, you in time to avoid the harm with reasonable care. If you were inattentive (able to escape but unaware of the danger), the defendant is liable only if he actually saw you and realized, or should have realized, your peril in time to avoid it. The court held that a plaintiff's negligence continuing up to the moment of the accident does not, by itself, rule out the doctrine.
One more protection: in a Virginia crash case, the fact that you were not wearing a seat belt is not negligence, cannot be used to reduce your damages, and is not admissible in evidence or a subject for comment by counsel (Va. Code § 46.2-1094(D)).
How long do you have to file a lawsuit in Virginia?
In Virginia, you generally have two years from the date your claim accrues to file a personal injury lawsuit (Va. Code § 8.01-243(A)). A wrongful death action must be brought by the personal representative within two years after the death (§ 8.01-244(B)). Claims for sexual abuse that happened during childhood have a longer period: 20 years after the cause of action accrues, under special accrual rules (§ 8.01-243(D)).
Two years is one of the shortest general injury deadlines in the region; D.C. and Maryland allow three. Treatment, records, and expert review take time, so we start building the case immediately.
What notice is required for a claim against a Virginia county, city, or town?
In Virginia, a negligence claim against a county, city, or town is barred unless a written statement of the claim, including the time and place of the injury, is filed within six months after the claim accrues (Va. Code § 15.2-209). The statement goes to the county, city, or town attorney, or to the locality's chief executive or mayor. It counts as filed when that office receives it, and it can be delivered by hand, by any form of U.S. mail, or by commercial delivery.
The statute excuses a missing statement if the locality's attorney, chief executive, or mayor, or its insurer, had actual knowledge of the claim, including its nature and the time and place of the injury, within the six months. We do not rely on that exception. The claimant carries the burden of proving the notice was received, so we send it early, to the right office, with proof of delivery.
Notice does not overcome immunity. Virginia counties share fully in the Commonwealth's sovereign immunity from tort claims, while cities and towns are immune for governmental functions but can be liable for proprietary ones (Massenburg v. City of Petersburg, 298 Va. 212 (2019)). Whether a claim survives depends on exactly what the locality was doing. In Massenburg, for example, maintaining fire hydrants was a governmental function, so the city was immune. Our page on injury claims against Virginia governments explains more.
Claims against the Commonwealth of Virginia
For claims against the Commonwealth or a transportation district under the Virginia Tort Claims Act, a written statement of the claim, naming the agency or agencies alleged to be liable, must be filed within one year after the claim accrues (Va. Code § 8.01-195.6). Claims against the Commonwealth go to the Director of the Division of Risk Management or the Attorney General, and claims involving the Virginia Department of Transportation go to the Commissioner of Highways. Recovery is generally limited to $100,000 or the limits of any liability policy covering the claim, whichever is greater, with no punitive damages and no interest before judgment (§ 8.01-195.3). The Act does not apply to counties, cities, or towns.
Is there a cap on damages in Virginia?
Virginia caps punitive damages at $350,000 in total against all defendants, and the jury is not told about the limit (Va. Code § 8.01-38.1). If a jury awards more, the judge reduces the award. Punitive damages matter most in cases like drunk-driving crashes, where the conduct goes well beyond ordinary carelessness.
Other limits apply in particular kinds of cases, such as the Virginia Tort Claims Act limit described above.
Virginia insurance basics: UM/UIM and medical payments coverage
Under the current Virginia statute, underinsured motorist (UIM) coverage is paid without any credit for the at-fault driver's liability coverage, unless a named insured signed an election to reduce UIM payments by that amount (Va. Code § 38.2-2206(A)). In practical terms, your own UIM coverage can now stack on top of the at-fault driver's policy instead of simply filling the gap up to your limit. Older policies worked differently, and which version applies can depend on your policy dates, so we read the declarations page and every renewal. Our blog explains how Virginia ended the UIM offset.
Several other parts of § 38.2-2206 regularly help our clients:
- Hit-and-run: if the at-fault driver is unknown, you can sue "John Doe" and serve your own UM insurer. If no vehicle made contact, the accident must be reported promptly to your insurer or to the police.
- No forced arbitration: the UM/UIM endorsement cannot require arbitration or restrict you from hiring a lawyer and going to court.
- Settling with the at-fault driver: you can settle with the at-fault driver's insurer for its available limits and give a release under the statute without giving up your UIM claim.
Medical expense coverage (often called MedPay) is optional in Virginia. Insurers must provide it on request and payment of the premium, with a standard limit of $2,000 per person for expenses incurred within three years after the crash, unless you and the insurer agree to a different limit (Va. Code § 38.2-2201). See our page on Virginia uninsured and underinsured motorist claims.
| Virginia rule | What it says | Source |
|---|---|---|
| Injury lawsuit deadline | 2 years from accrual | Va. Code § 8.01-243(A) |
| Wrongful death deadline | 2 years after the death | Va. Code § 8.01-244(B) |
| County, city, or town claim notice | Written statement within 6 months | Va. Code § 15.2-209 |
| Commonwealth claim notice | Written statement within 1 year | Va. Code § 8.01-195.6 |
| Commonwealth damages limit | $100,000 or the applicable insurance limit, whichever is greater | Va. Code § 8.01-195.3 |
| Punitive damages cap | $350,000 total against all defendants | Va. Code § 8.01-38.1 |
| UIM coverage | Paid without credit for the at-fault driver's coverage unless an election to reduce was signed | Va. Code § 38.2-2206(A) |
Where we handle cases in Virginia
Most of our Virginia clients live or were hurt in Northern Virginia, a short drive across the Key Bridge from our office. Our office is in Georgetown, at 3221 M Street NW in Washington, D.C. We meet clients by phone or video, at their home or in the hospital when that is easier, and we appear in Maryland and Virginia courts.
- Arlington: Rosslyn, Clarendon, Ballston, Crystal City, and Pentagon City. Cases are heard in the Arlington County Circuit Court and General District Court in Arlington.
- Alexandria: Old Town, Del Ray, and the West End. Cases are heard in the Alexandria Circuit Court and General District Court in the City of Alexandria.
- Fairfax County: Tysons, McLean, Reston, Annandale, and Springfield, along with the cities of Falls Church and Fairfax. Fairfax County cases are heard in the Fairfax County Circuit Court and General District Court in Fairfax.
- Loudoun County: Ashburn, Leesburg, and Sterling. Cases are heard in the Loudoun County Circuit Court in Leesburg.
- Prince William County: Woodbridge and Manassas. Cases are heard in the Prince William County Circuit Court in Manassas.
Virginia's general district courts can hear injury and wrongful death claims up to $50,000, sharing that range with the circuit courts; larger claims go to circuit court (Va. Code § 16.1-77). Federal cases from Northern Virginia are filed in the U.S. District Court for the Eastern District of Virginia, Alexandria Division. Appeals go to the Court of Appeals of Virginia and the Supreme Court of Virginia, or to the U.S. Court of Appeals for the Fourth Circuit in Richmond. Crashes involving a federal vehicle or employee follow the Federal Tort Claims Act.
Cases we handle in Virginia
Attorneys admitted in Virginia
Both founding partners are admitted to practice in Virginia.
- Ryan C. Posey, founding partner and trial lawyer, is admitted in Virginia, D.C., Maryland, Ohio, and Massachusetts.
- Jacob M. Lebowitz, founding partner and trial and appellate lawyer, is admitted in Virginia, D.C., and Maryland.
Recent Virginia decisions from our blog
We follow the Supreme Court of Virginia and the Court of Appeals of Virginia closely and explain new rulings in plain English.
- Can you sue a Virginia city or county for an injury? Where a new ruling draws the line
- Nobody saw how the crash happened: can you still win a Virginia injury case?
- Settling with one defendant in Virginia and what it does to your case against the others
- Suing a public hospital in Virginia: sovereign immunity is a defense they have to prove
- You signed a waiver before you got hurt in Virginia: can you still sue?
- Bedsores at a Virginia assisted living facility: a ruling upholds a family's wrongful death verdict
- A $2 million verdict stands as Virginia's Dead Man's Statute is tamed
- Fines v. RACSB: Virginia's community services boards and sovereign immunity
Frequently asked questions
How long do I have to file a personal injury lawsuit in Virginia?
In Virginia, you generally have two years from the date of the injury to file a personal injury lawsuit under Va. Code § 8.01-243(A). A wrongful death action must be filed within two years after the death under Va. Code § 8.01-244(B). If a county, city, or town may be responsible, a written statement of the claim is due within six months. Because the deadlines are short, we start work right away.
Can I recover in Virginia if I was partly at fault for the accident?
Generally not, if your own negligence was a proximate cause of your injury, because Virginia applies contributory negligence. The last clear chance doctrine can still allow recovery when the other party saw, or should have seen, your danger in time to avoid it, as the Supreme Court of Virginia explained in Coutlakis v. CSX Transportation (2017). Insurers use contributory negligence aggressively, so we gather the evidence that shows what actually caused the crash.
How do I make an injury claim against Fairfax County, Arlington, or another Virginia locality?
You must file a written statement of the claim, including the time and place of the injury, within six months after the claim accrues under Va. Code § 15.2-209. It goes to the county, city, or town attorney or to the chief executive or mayor. Filing notice does not remove sovereign immunity: counties share fully in the Commonwealth's immunity from tort claims, and cities and towns are immune for governmental functions but not proprietary ones. We evaluate immunity and send the notice early.
Will my own underinsured motorist coverage pay if the other driver's insurance is too small?
Often yes. Under the current Virginia statute, underinsured motorist coverage is paid without credit for the at-fault driver's liability coverage unless a named insured signed an election to reduce it, Va. Code § 38.2-2206(A). That means your UIM limits can be added on top of the other driver's policy. You can also settle with the at-fault driver's insurer for its available limits under the statute without giving up your UIM claim.
Can the insurance company argue I was not wearing a seat belt in Virginia?
No. In a Virginia crash case, failing to wear a seat belt is not negligence, cannot be considered to reduce your damages, and is not admissible in evidence or a subject for comment by counsel under Va. Code § 46.2-1094(D).
Is there a cap on damages in Virginia?
Virginia caps punitive damages at $350,000 in total against all defendants under Va. Code § 8.01-38.1, and the jury is not told about the limit. Claims against the Commonwealth under the Virginia Tort Claims Act are generally limited to $100,000 or the applicable insurance limit, whichever is greater.
Do you have an office in Virginia?
No. Our office is in Georgetown, at 3221 M Street NW in Washington, D.C. We meet clients by phone or video, at their home or in the hospital when that is easier, and we appear in Maryland and Virginia courts. Ryan Posey and Jacob Lebowitz are both admitted to practice in Virginia.
Related reading
- Virginia's contributory negligence rule and the 1% problem
- Virginia's UM/UIM law: an FAQ on policies and renewals
- Hit-and-run in Virginia: John Doe claims and your UM coverage
- Suing the government in Virginia and the Tort Claims Act's short deadlines
- The seat belt defense in Virginia and why non-use usually stays out of the case
- DMV Injury Guide: contributory negligence, the rule that decides most DMV cases
- DMV Injury Guide: injuries involving a government vehicle, Metro, or public property
Talk to a Virginia injury lawyer today
Virginia gives you two years to sue and only six months to notify a county, city, or town of a negligence claim. Call now so we can send the right notices and preserve the evidence before those deadlines pass.
Posey Lebowitz PLLC · 3221 M Street NW, Washington, DC 20007
Call (202) 524-0123 or request a free consultation. No fee unless we win your injury case.
Our office is in Georgetown, at 3221 M Street NW in Washington, D.C. We meet clients by phone or video, at their home or in the hospital when that is easier, and we appear in Maryland and Virginia courts.
More than $32 million recovered.
Plus more than $22 million in other assets.
Across more than 250 matters, in the District of Columbia, Maryland, and Virginia.
These case results are examples of matters handled by Posey Lebowitz PLLC. The outcome of any case depends on the specific facts and legal circumstances of that case. These results do not guarantee or predict a similar result in any future matter. Amounts shown are gross recoveries before attorney's fees, case expenses, and medical liens. Asset values are stated as of 2026 and will change.
Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.