Virginia injury rights, deadlines, and help

Are you in an emergency right now?
Check yourself and others for injuries, breathing, and bleeding.
Call 911 if anyone is hurt or the road is not safe.
Move away from traffic if you can do it safely.
Get medical care even if you feel fine. Some injuries hide for days.
This page is for after you are safe.

This page covers Virginia injury deadlines and what to do right now. We are the injured person's advocate. We connect you with a lawyer who handles cases like yours, so you get the full settlement your recovery deserves. Always free. Talk to an advocate. We usually reply within minutes, at most one business day.

The deadlines that matter in Virginia

Personal injury lawsuit: 2 years. Virginia gives you two years from the date of injury to file most personal injury lawsuits. This is called the statute of limitations (the legal deadline to file a lawsuit). The rule is Virginia Code 8.01-243. Read the statute.

Work injury, telling your employer: 30 days. Give your employer written notice within 30 days of the accident. Do it the same day if you can, and keep a copy. The rule is Virginia Code 65.2-600. Read the statute.

Work injury, filing the formal claim: 2 years. File your claim with the Virginia Workers' Compensation Commission within two years of the accident. Telling your boss is not the same as filing with the Commission, and employer or insurer payments do not automatically protect your rights. The rule is Virginia Code 65.2-601. Read the statute.

Injured by a government entity: 6 months or 1 year. Two different clocks here. If a county, city, or town caused your injury, you generally must deliver written notice within six months. The rule is Virginia Code 15.2-209. Read the statute. If the state itself caused your injury, the Virginia Tort Claims Act requires a written notice of claim within one year, and the amount you can recover from the Commonwealth is capped. The rule is Virginia Code 8.01-195.6. Read the statute.

Warning: don't wait! Virginia's pure contributory negligence rule is a trap: any fault of your own, even slightly, can bar recovery completely, and waiting kills cases just as fast as a missed deadline does. The longer you wait, the fuzzier memories get and documents get lost. Collect and save what you can, then talk to an advocate immediately. And important: medical claims can have different, often shorter deadlines and extra requirements. Do not assume the standard rule covers a hospital or doctor case.

Protect your case

Report the injury the same day. At work, tell your supervisor and follow up in writing within 30 days at the latest.
Write down what happened. Date, time, place, names of witnesses, and photos if you can take them.
If a city, county, town, or state agency was involved, mark the six-month notice deadline now.
Talk to an advocate at WeHelpInjured. It is free. Talk to an advocate.

If this feels like a lot, you are not alone.

Talk to an advocate.

Never do these

Never give a recorded statement to an insurance company, even your own. In Virginia, even an offhand sentence about fault can end your whole claim. Talk to an advocate first.
Never admit fault or say "I'm sorry" about the injury. Stick to facts only.
Never sign a release or accept a first settlement offer without talking to an advocate first.
Never post about the injury or your recovery on social media. Insurers use these posts against you.

Common situations in Virginia

Hurt on the road

Start here, because Virginia's fault rule changes everything. Virginia is one of the last places in America that still uses pure contributory negligence. It is not a percentage system. If the other side proves that your own carelessness contributed to the crash in any real way, even slightly, you can recover nothing at all. The rule comes from long-standing Virginia Supreme Court decisions such as Baskett v. Banks (1947) and Litchford v. Hancock (1987).

This is why insurance adjusters in Virginia press so hard for recorded statements about what you did. A single offhand sentence, like "I might have been going a little fast," can become the whole defense. Be polite, but get advice before you describe the crash to anyone's insurer. Car crash lawsuits follow the two-year deadline.

Hurt at work

The good news: workers' compensation does not use the contributory negligence rule. It is a no-fault system. The two steps still matter. Step one is the 30-day written notice to your employer. Step two is the two-year claim to the Workers' Compensation Commission.

People often assume that because the insurer is paying medical bills, a claim exists. File with the Commission anyway, well inside the two years, so your rights do not quietly expire.

Hurt on someone's property, including dog bites

Virginia has no dog bite statute. Courts follow the common law: an owner is generally responsible only if they knew or should have known the dog was dangerous. Violation of a local leash or animal control ordinance can also count as negligence in itself, under the Virginia Supreme Court's decision in Butler v. Frieden.

Proof of what the owner knew is often the whole case, so gather it early. And remember the contributory negligence rule applies to property injuries too, so how the incident gets described matters from day one.

What we can help with

We are on your side, and only your side. We help injured people in Virginia:

Understand which deadlines apply to your situation, in plain language
Understand what to expect in insurer conversations so an innocent sentence does not sink your claim
Figure out what to report, to whom, and in writing
Know what records, bills, and letters to keep so nothing gets lost
Connect you with a lawyer who handles cases like yours, so you get the full settlement your recovery deserves

We do not charge injured people anything. Ever. We explain your rights and options in general terms and connect you with licensed professionals for legal advice.

Talk to an advocate. Share your story in a few sentences and we will help you understand your next step. Start the form or open the chat.

Sources

Last reviewed: 2026-08-17

This is general information, not legal advice. Deadlines can change or vary with the facts. A licensed attorney can confirm the rule for your situation.

Injury types we cover in Virginia

Pick what happened to see what applies.