Frequently Asked Questions in Virginia

From busy highways in Northern Virginia to country roads near Roanoke, accidents can happen anywhere in the state. Whether you’re injured in a car crash, a fall, or another incident, it’s important to understand your rights and what steps to take. This FAQ page covers some of the most common concerns Virginia residents and visitors have after being hurt in an accident.

What is the statute of limitations for personal injury claims in Virginia?

In Virginia, you generally have two years from the date of the accident to file a personal injury lawsuit. If you miss the deadline, the court is likely to dismiss your case, regardless of how strong your evidence is. It’s best to start your claim as early as possible.

Does Virginia allow compensation if I was partly at fault?

Virginia follows a strict contributory negligence rule. If you’re found to be even 1 percent at fault for the accident, you cannot recover compensation from the other party. Because of this harsh rule, it’s essential to gather strong evidence and consult an attorney if fault is disputed.

What should I do after a car accident in Virginia?

Call 911, check for injuries, and move your vehicle if it’s blocking traffic and safe to do so. Exchange information with the other driver and take photos of the scene. Request a police report and seek medical attention, even if injuries don’t seem serious right away.

Can I sue a business for a slip and fall accident?

Yes. Businesses in Virginia are responsible for maintaining safe conditions for customers and visitors. If you slip due to a hazard like a wet floor, broken steps, or poor lighting, you may have a premises liability case. Be sure to report the incident and document everything.

How can I get a copy of my Virginia accident report?

You can request an accident report through the Virginia State Police. Visit https://vsp.virginia.gov for instructions on submitting a request. You’ll need information like the date of the crash and names of the people involved.

What is the difference between economic and non-economic damages?

Economic damages include measurable financial losses like medical bills and lost wages. Non-economic damages cover things like pain and suffering, emotional distress, and loss of enjoyment of life. Both types may be available depending on your injuries and circumstances.

What if I was hit by a driver with no insurance?

You may be able to file a claim under your own uninsured motorist (UM) coverage if the at-fault driver didn’t have insurance. Virginia requires this coverage as part of most policies. Contact your insurer quickly to open a claim and provide documentation.

Are dog owners liable for bite injuries?

Yes. Virginia holds dog owners responsible if their pet injures someone and the owner was aware—or should have been aware—of the dog’s aggressive tendencies. Even if the dog has no bite history, you may still have a claim depending on the circumstances. Report the incident and see a doctor right away.

Can I sue if a loved one died in an accident?

Yes. Surviving family members can file a wrongful death claim under Virginia law. These claims allow you to seek compensation for funeral expenses, loss of income, and emotional suffering. The time limit to file is generally two years from the date of death.

What if I was injured while visiting Virginia?

You can still file a claim in Virginia even if you don’t live there. The laws of Virginia will apply to your case, and it’s usually best to work with a local attorney who understands the state’s court system. Make sure to act within the state’s statute of limitations.

Are there caps on damages in Virginia?

Virginia has a cap on non-economic damages in medical malpractice cases, currently set at $2.6 million (as of 2025). There are no caps on damages in most other personal injury claims. An attorney can help explain how this may affect your specific case.