By: C. James Williams III, Principal, Burnett & Williams

The cost of being in an accident can be thousands, or even hundreds of thousands, of dollars. Although it is often impossible to undo the damage and suffering an accident has caused due to someone else’s negligence, it is possible to compensate the victim for the financial damages they have suffered and perhaps may continue to suffer in the future. When seeking help with their personal injury cases, Virginia accident victims should make sure to hire an experienced trial attorney with a strong track record of success to guide them through the process.

A personal injury lawsuit can be complicated. Although the court system has protections in place to help accident victims, there are also regulations to prevent fraud and frivolous lawsuits that are detrimental to the public good. However, this sometimes leaves victims struggling to understand their rights after an accident, all the while they are trying to recover and rebuild their lives.

Virginia Laws to Know for Personal Injury Cases

One of the most important laws to understand when dealing with a personal injury lawsuit is the statute of limitations. This law dictates how long from the date of an accident a victim has to file a lawsuit to recover damages.

In Virginia, as in many other states, the statute of limitations for personal injury cases is set at two years. If you miss this important deadline, you will not be able to get the compensation you deserve.

Another important Virginia law that accident victims must be aware of is contributory negligence. Under Virginia law, if a victim is found even 1% at fault for causing an accident, they may be prohibited from receiving any compensation for damages.

Virginia’s contributory negligence law also contrasts with many states’ comparative negligence laws, which compensate victims for the percentage of fault attributable to someone else. The tricky thing is that even something as simple as saying “I’m sorry” can be seen as an admission of fault and have negative consequences on your case.

Some states also have damage caps that must be considered. That said, Virginia generally does not cap compensatory damages in personal injury cases. The only exceptions to this rule are for medical malpractice lawsuits, which have a cap at $2.75 million starting in July 2026, and punitive damages, which are capped at $350,000.

How a Personal Injury Trial Attorney Can Help With Your Case

All of these laws can feel overwhelming, and the insurance companies will try to take advantage of your feeling of being overwhelmed to get you to accept less than what you deserve.

Thankfully, a skilled Virginia personal injury attorney can help you understand everything you need to know about personal injury law. They have a keen understanding of the deadlines, regulations, and anything else you need to know to maximize your chances of getting what you deserve for your injury.

Working with a personal injury lawyer helps level the playing field for you against the insurance companies. The insurance companies are multi-billion-dollar corporations with virtually limitless resources at their disposal, and it can be difficult for the average person to stand up to them. Personal injury law firms bring with them a network of resources of their own, including trial experience and expert witnesses that will help them build a stronger case for you.

Having one of the best lawyers working on your case also helps during negotiations. If the insurance companies know that your lawyer has a reputation for winning big verdicts in the courtroom, they will be more motivated to give you a fair settlement out of fear that they would lose more if they went to court. They’re also less likely to resort to tactics like pushing you around or trying to wait you out to get you to accept a lowball offer.

While many personal injury cases are settled out of court, there are some instances in which the insurance company and your lawyer are not able to come to a satisfactory agreement. When this happens, it is important to have an experienced trial lawyer as your legal representation in litigation. A trial attorney will stand up for your rights and fight to get you the compensation you deserve.

Why Hiring an Experienced Trial Lawyer Matters

For those involved in a car accident, truck accident, slip and fall, or other type of accident, working with an experienced Virginia personal injury attorney can make a meaningful difference. A free initial consultation typically allows the attorney to review the facts of the case, explain the relevant legal options, and determine whether the firm is well-suited to provide representation.

— Jim Williams is a summa cum laude graduate of George Mason University School of Law who began his legal career with a prestigious assignment as a law clerk to a US District Court Judge. He practiced at Gentry, Locke, Rakes, and Moore in Roanoke and at Morris & Morris in Richmond before becoming litigation counsel for Progressive Insurance Company. With Progressive, he gained extensive experience as a trial attorney, giving him wide-ranging expertise in the complexities of Virginia insurance law and knowledge of how the defense side approaches litigation. Jim Williams joined Burnett & Williams in 2006 as the lead partner in the Richmond area, with offices in Midlothian and Hopewell, Virginia.

Disclaimer: The content of this article is for informational purposes only and does not constitute legal advice. While efforts have been made to ensure the accuracy and reliability of the information, it is not a substitute for consulting a licensed attorney. Personal injury cases are unique, and the laws governing them can vary depending on specific circumstances and location. It is advisable to seek professional legal guidance to fully understand your rights and options.