A Virginia personal injury claim is a legal claim for compensation by someone hurt because another person, business or institution failed to act with reasonable care. It covers crashes, falls, medical errors, dog attacks, dangerous products, abuse and workplace injuries, and Virginia law decides who is responsible, what can be recovered and how long you have to act.
Blank Kim Injury Law was founded by attorneys Aaron Blank and Robert Kim, both licensed in Virginia. Our Fairfax office on Chain Bridge Road is open 24 hours, office visits are by appointment, and a case review can be done entirely by phone. Rob speaks Korean, and our paralegal team speaks Spanish.
What you have to show in a Virginia injury claim
Most injury claims rest on negligence: someone owed you a duty to act carefully, failed to do it, and that failure caused your injuries and losses. In practice, a claim needs four things:
- A duty. Drivers owe it to others on the road, property owners to their visitors, doctors to their patients, employers and institutions to the people in their care.
- A breach. The other side did something careless, or failed to do something a careful person would have done.
- Causation. That failure caused your injury, not some other event.
- Damages. You suffered real losses: medical bills, lost income, pain, disability.
Some claims add special requirements. A medical malpractice case, for example, requires a written opinion from a qualified expert witness supporting the claim before suit is served, under Va. Code § 8.01-20.1. A dog bite claim usually depends on what the owner knew about the dog, because Virginia has no general strict liability dog bite statute.
Personal injury claims we handle in Virginia
Our practice covers the full range of injury cases. Each page below explains how Virginia law applies to that kind of claim.
Vehicle and transportation accidents
- Car accidents, truck accidents and bus accidents
- Motorcycle crashes, pedestrian accidents and bicycle accidents
- Uber and Lyft accidents, drunk driver crashes and uninsured or hit-and-run drivers
- Train accidents, including VRE and Amtrak, Metro accidents and boating accidents
Medical negligence and birth injuries
- Medical malpractice, including misdiagnosis, surgical errors and medication errors
- Birth injuries and cerebral palsy
- Nursing home abuse and neglect
- Vaccine injuries, handled through the federal compensation program
Abuse
- Sexual abuse by clergy, teachers, coaches, doctors, caregivers and institutions, handled confidentially
Unsafe property and dangerous products
- Slip and fall injuries, negligent security and swimming pool accidents
- Dog bites and sports and recreation injuries
- Building collapses, gas explosions and carbon monoxide poisoning
- Defective products and asbestos and mesothelioma
Work injuries and workers’ rights
- Workers’ compensation and claims against third parties
- Construction accidents, scaffolding falls and forklift accidents
- Maritime injuries under federal law
- Unpaid overtime claims
Serious injuries and fatal accidents
- Traumatic brain injuries, spinal cord injuries and burn injuries
- Catastrophic injuries, amputations and paralysis
- Wrongful death claims for families
- Claims against the United States under the Federal Tort Claims Act
Virginia’s contributory negligence rule
The single most important feature of Virginia injury law is contributory negligence. In most states, an injured person who was partly at fault still recovers a reduced amount. In Virginia, a person found even slightly at fault for their own injury is generally barred from recovering anything.
That is why insurers in Virginia look so hard for fault: a pedestrian who crossed mid-block, a shopper who was looking at a phone, a driver a few miles over the limit. There are exceptions:
- Last clear chance. A defendant who had the final opportunity to avoid the harm and failed to take it can remain responsible.
- Willful and wanton conduct. Contributory negligence is not a defense to willful and wanton conduct.
- Young children. Children under 7 are presumed incapable of negligence.
Because a single statement can be used against you, speak with a lawyer before giving a recorded statement to anyone’s insurer. Our guide to Virginia contributory negligence explains the rule in detail.
Virginia personal injury deadlines
Virginia deadlines are short, and several can apply to the same injury. The general rules:
| Type of claim | General deadline | Source |
|---|---|---|
| Personal injury lawsuit | Two years from the injury | Va. Code § 8.01-243(A) |
| Property damage | Five years | Va. Code § 8.01-243(B) |
| Wrongful death lawsuit | Two years from the death | Va. Code § 8.01-244(B) |
| Notice to a county, city or town | Six months | Va. Code § 15.2-209 |
| Notice to the Commonwealth | One year | Va. Code § 8.01-195.6 |
| Workers’ compensation | Report to employer within 30 days; file within two years of the accident | Va. Code § 65.2-600 and § 65.2-601 |
| Claim against the United States | Administrative claim within two years | 28 U.S.C. § 2401(b) |
Other rules apply to children, to medical malpractice with certain exceptions, to asbestos disease (where the period runs from when the diagnosis is first communicated), and to sexual abuse claims, which have their own special provisions. Read our guide to the Virginia statute of limitations, and do not wait to have an attorney check your dates.
What compensation a Virginia injury claim can include
Compensatory damages aim to make up for what the injury took from you. They can include:
- Medical expenses, past and future
- Lost wages and reduced ability to earn
- Pain, suffering, inconvenience and emotional distress
- Disfigurement and permanent impairment
- Property damage
Punitive damages, meant to punish especially reckless conduct, are capped at $350,000 under Va. Code § 8.01-38.1. Under Virginia’s collateral source rule, payments from your own health insurance generally do not reduce what the at-fault party owes. Medical malpractice claims are subject to a separate total damages cap.
If the injured person dies, their injury claim survives under Va. Code § 8.01-25. If the injuries caused the death, the personal representative can bring a wrongful death action under Va. Code § 8.01-50 for sorrow and mental anguish, lost income and services, and medical and funeral expenses, on behalf of the family members named in § 8.01-53. There is no general cap on wrongful death damages. What any claim is worth depends on the injuries, the evidence and the insurance available; no page can predict it.
What to do after you are injured
- Get medical care right away, and follow through with the treatment your doctors recommend.
- Report the incident: to the police after a crash, to the store or property manager after a fall, to your employer after a work injury.
- Photograph the scene, the hazard and your injuries, and get names of witnesses.
- Keep every bill, receipt and record of missed work.
- Do not give a recorded statement to another party’s insurer, and do not sign a release or accept a check before getting advice.
- Stay off social media about the incident.
Then start a free case review. An attorney can tell you which deadlines apply and what evidence to protect.
Where Northern Virginia injury cases are heard
Virginia general district courts hear personal injury and wrongful death claims up to $50,000, without a jury, under Va. Code § 16.1-77. Larger claims, and claims where a jury is wanted, go to circuit court. Cases from Fairfax County are heard at the Fairfax County judicial center on Chain Bridge Road, near our Fairfax office; read more about Fairfax County Circuit Court injury cases.
We also represent people hurt in Arlington, Alexandria, Annandale, Manassas and Leesburg, and in communities across Fairfax, Prince William and Loudoun Counties.
How our Virginia personal injury lawyers work
- Free case review. By phone, through the form, or at our office by appointment. No obligation.
- Investigation. We gather records, photographs, video and witness accounts, with Virginia’s fault rule in mind from the start.
- Documenting your losses. We collect medical and employment records to show the full effect of the injury.
- Dealing with insurers. We handle the communication and present a demand backed by evidence.
- Court when needed. If a fair resolution is not offered, we file suit in the proper Virginia court.
If we take your case, we explain our fee agreement, including how case costs are handled, in writing before you sign. You can work with us in English, Korean or Spanish.
