Negligence in Virginia
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Duty
The defendant owed the plaintiff a legal duty of reasonable care in the circumstances.
2
Breach
The defendant failed to meet that standard, they did something a reasonably careful person would not, or failed to do something they would.
3
Causation
The breach was a factual and legal (proximate) cause of the harm. Foreseeability matters.
4
Damages
The plaintiff suffered actual harm, medical bills, lost wages, pain, property loss.
Burden of proof
Preponderance of the evidence, more likely than not.
A Virginia fact pattern
Negligence in virginia.
Statute of limitations
2 years
Va. Code § 8.01-243(A)
From when the injury is sustained, not from when you figured out how bad it was (Va. Code § 8.01-230).
- Virginia is still a contributory-negligence state. One percent of fault can zero the file. That is not a clock. It is a complete defense.