Contributory (any fault can bar you)2-year ordinary injury clock
Virginia (contributory, still in force)
Contributory rule has survived repeated repeal attempts.
Last checked Aug 31, 2026 · LawyerUnc editorial. Educational only, not legal advice.
- If you share blame
- If you are even slightly at fault, you may recover nothing. This is the harshest rule still on the books.
- Ordinary injury time limit
- 2 years. Va. Code § 8.01-243. Tolling, discovery rules, and other claim types can change that. Use the time-limit tool, then have a lawyer confirm the subsection.
- Caps on pain and suffering
- Med-mal noneconomic cap exists and is indexed. Ordinary PI has no general cap, but contributory negligence is the daily weapon.
What that actually means
Same harsh fault rule as North Carolina, on a two-year clock instead of three.
Med-mal files also hit a statutory cap. Ordinary wrecks die on contributory negligence more often than on a dollar cap.