Comparative Negligence in Virginia
State-specific overview · Tort Law
Virginia uses pure comparative negligence; you recover even if 99% at fault, but damages reduce by your percentage.
How Virginia treats Comparative Negligence
Virginia allows plaintiffs to recover damages even when they bear the majority of fault, as long as the defendant bears some responsibility. Your award decreases by your own percentage of negligence. This pure comparative negligence rule applies in most civil cases, making Virginia relatively plaintiff-friendly on this issue. The rule has been established through Virginia case law and applies regardless of whether you are more negligent than the defendant.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Virginia.