Virginia at a glance
Virginia allows two years to sue for personal injuries.[1] Negligence claims against a county, city or town require written notice within six months.[2] Virginia still follows contributory negligence.[3] Since January 1, 2025, drivers must carry at least $50,000/$100,000 in bodily injury coverage.[4]
Filing deadlines
Va. Code § 8.01-243(A)
Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, and every action for damages resulting from fraud, shall be brought within two years after the cause of action accrues.
Source: [1]
In plain English, most injury lawsuits in Virginia must be filed within two years.[1]
Localities: Va. Code § 15.2-209(A)
Every claim cognizable against any county, city, or town for negligence shall be forever barred unless the claimant or his agent, attorney, or representative has filed a written statement of the nature of the claim, which includes the time and place at which the injury is alleged to have occurred, within six months
Source: [2]
Shared fault
Supreme Court of Virginia, quoting Fein v. Wade
Negligence of the parties may not be compared, and any negligence of a plaintiff which is a proximate cause of the accident will bar a recovery.
Source: [3]
Under contributory negligence, an injured person whose own negligence helped cause the accident can be barred from recovering at all. Only a few jurisdictions still follow this rule.[5]
Damage caps
Punitive damages: Va. Code § 8.01-38.1
In no event shall the total amount awarded for punitive damages exceed $350,000. The jury shall not be advised of the limitation prescribed by this section.
Source: [6]
Auto insurance requirements
Va. Code § 46.2-472 raised the minimums for policies effective on or after January 1, 2025, to $50,000 for injury to one person, $100,000 for two or more people and $25,000 for property damage. Policies effective from 2022 through 2024 required $30,000, $60,000 and $20,000.[4] Virginia is not one of the no-fault states.[7]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
Frequently asked questions
How long do I have to file a head injury lawsuit in Virginia?
In plain English, most injury lawsuits in Virginia must be filed within two years.[1]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- Va. Code § 8.01-243. Virginia Law. https://law.lis.virginia.gov/vacode/title8.01/section8.01-243/
- Va. Code § 15.2-209. Virginia Law. https://law.lis.virginia.gov/vacodefull/title15.2/chapter2/
- Fein v. Wade, 191 Va. 203 (1950), as quoted in a 1987 Supreme Court of Virginia opinion. Justia. https://law.justia.com/cases/virginia/supreme-court/1987/840023-1.html
- Va. Code § 46.2-472. Virginia Law. https://law.lis.virginia.gov/vacode/title46.2/chapter3/section46.2-472/
- Legal Information Institute, Wex. “Contributory negligence.” https://www.law.cornell.edu/wex/contributory_negligence
- Va. Code § 8.01-38.1. Virginia Law. https://law.lis.virginia.gov/vacode/title8.01/section8.01-38.1/
- Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
Sources last checked: October 11, 2026
