Virginia Personal Injury Claims

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The Deadline That Governs the Claim

Va. Code § 8.01-243(A) sets a two-year limitations period for personal injury actions in Virginia, and the cause of action accrues at the date of injury. Va. Code § 8.01-244 sets two years for wrongful death, running from the date of death, with the action brought by the personal representative of the estate. Damage to property is five years under Va. Code § 8.01-243(B). Limitations rules carry exceptions and tolling provisions that depend on the facts, so the applicable deadline should be confirmed for the specific claim rather than assumed from a general period.

Contributory Negligence

Virginia retains the common-law rule of contributory negligence. Under it, a plaintiff whose own negligence contributed to causing the injury is barred from recovering, rather than having an award reduced in proportion to fault. This is judge-made law rather than a statute, and it is the single feature that most distinguishes a Virginia injury claim from one in a state that apportions fault. It is also why insurers investigating a Virginia claim look hard for any conduct by the injured person that can be characterised as contributing, and why what a claimant says in an early recorded statement carries weight beyond its apparent significance at the time.

Which Court Hears the Claim

Which Virginia court hears a civil claim depends on the amount claimed. Va. Code § 16.1-77(1) gives the general district court exclusive original jurisdiction where the claim does not exceed $4,500, exclusive of interest and attorney fees, and concurrent jurisdiction above $4,500 up to $50,000. Claims exceeding $50,000 proceed in the circuit court under Va. Code § 17.1-513. A small claims division handles matters not exceeding $5,000 under Va. Code § 16.1-122.2, but that division is for parties appearing without counsel and a case there can be removed to the general district court.

Claims Against a Government Body Run on Their Own Notice Rules

A claim arising from the conduct of a locality or of the Commonwealth is subject to notice requirements that operate separately from, and earlier than, the limitations period. A motor-vehicle injury claim against a locality may carry a six-month notice requirement under Va. Code § 15.2-209, and claims against the Commonwealth proceed under the Virginia Tort Claims Act with its own notice provision at Va. Code § 8.01-195.6. Missing a notice requirement can end a claim that is still well inside the two-year period, which is why the identity of the defendant should be settled early.

What the Insurer Is Doing While You Recover

An adjuster opens a file, takes a recorded statement if one is offered, and begins assembling the record that will be used to value or defeat the claim. In a contributory negligence state, a statement that assigns the claimant any share of responsibility is worth more to the insurer than it appears. Medical records are obtained and read for gaps in treatment and for prior complaints involving the same body part, both of which are used to argue that the injury predates the collision.

Frequently Asked Questions

How long do I have to file a personal injury claim in Virginia?

Va. Code § 8.01-243(A) sets two years for personal injury, accruing at the date of injury. Wrongful death is two years from the date of death under Va. Code § 8.01-244. Exceptions and tolling rules apply, so confirm the deadline for the specific claim.

What is contributory negligence?

Virginia’s common-law rule that a plaintiff whose own negligence contributed to causing the injury is barred from recovering, rather than having damages reduced in proportion to fault.

Which court will my claim be filed in?

It depends on the amount claimed. Under Va. Code § 16.1-77(1) the general district court has exclusive jurisdiction up to $4,500 and concurrent jurisdiction to $50,000; claims above $50,000 proceed in the circuit court under Va. Code § 17.1-513.

How long do I have to sue over vehicle damage?

Five years under Va. Code § 8.01-243(B), which covers damage to real and personal property. That is a different period from the two years for the injury itself, and the two claims can arise from the same collision.

Should I give the insurer a recorded statement?

That is a decision to make with advice rather than on the phone when the call comes. In a contributory negligence state an offhand remark about what you were doing can be used to argue the claim is barred entirely.

Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He is a former prosecutor, and his background in accounting and information systems from George Mason University is applied to complex financial and technology-related cases. Virginia injury matters are handled by Mr. Sris and the firm’s Of Counsel attorneys.

Request a Consultation

To discuss a Virginia injury claim with Law Offices Of SRIS, P.C., call (888) 437-7747 and request a consultation. The intake line is staffed 24/7.

Last updated: August 25, 2026

This page provides general information about Virginia personal injury law and is not legal advice. Reading it does not create an attorney-client relationship. Limitations periods carry exceptions and tolling rules that depend on the facts, and every case turns on its own. Results may vary.

Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

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