Joint and Several Liability in Virginia
State-specific overview · Tort Law
Virginia abolished joint and several liability for non-economic damages in most cases under comparative fault rules.
How Virginia treats Joint and Several Liability
Virginia follows a modified comparative negligence system where joint and several liability applies only to economic damages and to defendants found more than 50% at fault. For defendants 50% or less at fault, liability is proportional only. This means a minimally negligent defendant cannot be forced to pay the entire judgment for non-economic damages like pain and suffering. The rule encourages settlements and limits exposure for defendants with minor fault contributions.
The general definition of Joint and Several Liability
Multiple defendants can each be held fully responsible for the entire judgment, not just their share.
When two or more people or companies are sued together for causing harm, the injured person can collect the full amount from any one of them, rather than having to split the recovery among all defendants. This means if you win a $100,000 judgment against three defendants, you can demand all $100,000 from just one of them, and that defendant can then try to recover their fair share from the others. It protects the injured person by ensuring they get paid even if some defendants can't pay.
Read the full Joint and Several Liability 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.