Virginia Tort Laws

In Virginia, when a mass of people suffer losses due to a single event or action, the party responsible can be held accountable under the scope of the law.

One such instance took place when the state government reached an $11-million settlement with the survivors of the Virginia Tech mass shooting in 2007. The matter was resolved before a lawsuit could be filed against the state and the university.

In an unrelated case, another school, Virginia College, was sued in 2019 by some of its students for misleading marketing that resulted in financial losses. The case was settled in 2023, with the defendant agreeing to a $28 million payout. The school, with its parent company headquartered in Alabama, has campuses in key cities in Virginia, South Carolina, and North Carolina. A few of the students also sued the U.S. Department of Education and its secretary for their involvement in the issue.

Meanwhile, in 2023, Virginian parents filed an extended lawsuit against the Virginia Department of Education. This was for the school system’s opposition to educational services for students with disabilities. These parents built their case on similar lawsuits filed since 2003.

All these cases fall under federal and Virginia tort laws. Torts refer to unacceptable actions by individuals or entities that cause harm to others, including the infringement of rights. These are different from personal injuries, which are torts that focus only on physical harm.

In line with the information above, this article contains basic information on Virginia tort laws and how they work. It serves as a general guide for tort victims and people interested in getting a grasp of Virginia mass tort laws.

Basic Tort Categories in Virginia

Negligent Torts

Someone in Virginia is deemed negligent when they fail to exercise the proper duty of care toward another person, thereby resulting in this person’s harm. This is best illustrated by a drunk driver causing an accident; drivers are required to provide a duty of care to everyone on the road, but driving while intoxicated is a breach of that duty.

To be successful with a negligence claim, the victim must prove the following elements of negligence:

• The negligent person owes the victim a duty of care.

• There was a breach of the duty of care.

• The breach caused harm to the victim.

• The harm led to losses.

Intentional Torts

Intentional torts differ from negligent torts because, with an intentional tort, the person committing the harmful action knows it will cause harm to the other person. Virginians who commit negligent torts do careless acts but do not intend to cause harm. 

Examples of intentional torts are:

• Assault and battery.

• Invasion of privacy.

• Defamation.

• Fraud.

• Assisted suicide.

• False imprisonment.

• Intentional infliction of emotional distress.

Strict Liability Torts

Under strict liability torts, a person may be held accountable for their actions, regardless of whether they acted deliberately or carelessly. Cases that are considered strict liability torts in Virginia include:

• Animal attacks: Owners of animals that attack and injure people can be held liable. These include zoo owners, exotic animal keepers, and pet owners.

• Abnormally dangerous activities: This applies to activities that result in harm, even if the participants are careful with their actions. An example is storing flammable chemicals in an apartment building in the city. 

Note that Virginia is one of the five states that do not recognize strict liability in product liability cases. Therefore, to bring a claim under product liability, one must use the theory of negligence or breach of warranty.

Nevertheless, the doctrine of strict liability can be applied to criminal law. It is not necessary to prove intent or negligence in the commission of an act deemed a crime by law. What is only required is evidence that the act happened and that the defendant committed it. Examples of strict liability crimes include statutory rape, some types of traffic offenses, and alcohol furnishing to minors.  

Other Tort Categories in Virginia

Tort laws in Virginia cover a wide variety of wrongful actions that are harmful to individuals or businesses. 

Economic torts refer to actions that harm a business entity or a person’s trade and lead to economic loss. These are also sometimes called business torts, and they cover actions such as:

• Interference with a contract.

• Fraud.

• Intimidation.

Nuisances — another tort category — arise from actions that involve the unacceptable or unlawful usage of a property that results in injury, discomfort, or inconvenience to the public or a person.

Tort vs. Crime in Virginia

A tort is a wrongdoing against someone’s civil rights, while a crime is a wrongdoing against society as a whole. A person can file a case against someone who commits a tort, while the state holds wrongdoers accountable for their crime.

The following are the other differences between a tort and a crime:

Although crimes and torts are different from each other, there are some cases where they overlap. For example, an employee who steals their employer’s property can be charged with embezzlement after being reported to law enforcement. For the employer to recover their property, they can also sue the employee in civil court for a conversion tort.

On the other hand, some crimes do not constitute a tort. These include victimless crimes such as smuggling and drug possession.

Mass Torts in Virginia

In Virginia, multiple claimants who are suing a common defendant can give rise to mass tort claims. These cases are complex and typically involve many years of litigation due to the significant amount of money and the number of lawsuits involved. 

Mass tort cases usually fall under these classifications:

• Mass catastrophes: Injured persons and families of individuals who passed away due to catastrophic accidents such as airline crashes, explosions, and train wrecks have the right to sue the responsible parties. Mass tort litigation saw a rise in the late 1960s when lawyers started representing airplane accident victims.

• Dangerous drugs: Pharmaceutical companies and drug manufacturers can be sued by patients who were harmed by their products. They can be held liable for manufacturing defects, marketing negligence, and failure to warn consumers. In 2013, for instance, a Virginian woman filed a personal injury lawsuit in the U.S. District Court for the Eastern District of Virginia against Pfizer, the manufacturer of cholesterol-lowering drug Lipitor. This came a month after a South Carolinian woman filed a similar lawsuit.

• Defective products: Manufactured products that cause harm to consumers and users can be grounds for a lawsuit. In one instance in 2013, the Virginia Supreme Court issued a decision favoring the plaintiff in a product liability lawsuit against Ford for a Windstar vehicle that caught fire. The plaintiff became successful in their claim when evidence from seven other similar cases was presented in court.

• Environmental toxic exposure: Exposure to toxic chemicals such as pollution, pesticides, and other hazardous materials can lead to personal injury. One example involves the Camp Lejeune water contamination lawsuits, whose plaintiffs suffered from similar injuries such as kidney cancer, leukemia, and Parkinson’s disease.

Virginians who may be in a similar situation as the cases mentioned above are recommended to seek counsel with a personal injury lawyer in their area. These lawyers can evaluate the merits of their case and find other injured victims who may join the mass tort. 

Joining a mass tort case can help injured individuals go against a common, more powerful defendant, which is, in most cases, corporations and multinational companies. Doing so enables these victims to pool resources and save time and money on litigation costs.

Mass Torts vs. Class Actions

Mass torts and class actions are similar in that they are both litigation methods for cases involving a large number of plaintiffs. The similarity ends in how cases are treated and what the procedural requirements are.

In a mass tort, each of the plaintiffs files a personal injury lawsuit, which causes their cases to be treated individually. In a class action, plaintiffs usually have to sign up for a class and pass the state or federal class certification requirements. This results in the group being treated as a single plaintiff. 

Essentially, a representative case will be chosen to control how the whole lawsuit will turn out. If the representative case wins, trial awards and settlements will be divided among the class members. In a mass tort, the plaintiff has to prove their own case and win, although they can also use the litigation resources built by the other plaintiffs.

Mass torts tend to have fewer members compared to class actions, owing to class number requirements. Moreover, the kinds of victim injuries in these cases tend to be broader compared to class actions due to class requirements on injury commonality.

If the certification criteria for a class action cannot be met, a mass tort may be an option for plaintiffs. One can also opt out of the class within a stipulated deadline.

The Mass Tort Process

Once a potential plaintiff in Virginia gains legal counsel, their lawyer can help them file a lawsuit in the right court.

If there are several lawsuits similar to theirs, the state court may consolidate them for the pre-trial proceeding. Consolidation can also happen in federal court through a process called multidistrict litigation. Once the pre-trial proceedings are concluded, the lawsuits may be sent back to their original courts of jurisdiction.

There may also be a bellwether trial, which, as the name implies, involves the trial of an individual case, serving as the litmus test for the whole mass tort. Bellwether trials are used to get a realistic assessment of the possible financial payout and illustrate how the rest of the cases will fare in a trial.

At this point or even at any stage of the lawsuit, the defendant may settle the case. They may also proceed with a trial if it is highly likely for them to win.

If the jury or judge at the trial favors the plaintiff, they may be entitled to damage awards. However, keep in mind that the losing side always has the chance to appeal their case. For the plaintiff, this means any trial award is not yet set in stone.

Virginia Tort Liability Insurance Requirements

Virginia car insurance laws require drivers to carry some form of liability insurance, with a minimum coverage of $30,000 per injured person and $60,000 per accident. The minimum coverage is set to change in 2025.

Businesses in the state are also required to carry workers’ compensation insurance. This applies to businesses with three or more regular employees.

Other insurance types that are not legally required but are indispensable for businesses as coverage for various torts are:

• Cyber liability insurance: It provides coverage against cyberattacks and data breaches. It pays for the costs related to data breach lawsuits, fraud monitoring, and client notification.

• Professional liability insurance: It protects professional practitioners and tradespeople from accusations of negligence, undelivered services, and breach of contract.

• Pollution liability insurance: It gives financial protection to businesses for claims involving accidental spills and improper disposal of waste materials.

The Statute of Limitations for Tort Cases in Virginia

Under personal injury laws in Virginia, an injured person must bring a lawsuit within the two-year statute of limitations, also called the deadline in layperson’s terms. The two-year deadline applies to most types of torts, including those that involve crimes. These include:

• Product liability.

• Vehicular accidents.

• False imprisonment.

• Medical malpractice.

• Assault.

• Workplace accidents.

• Sexual abuse.

• Wrongful death.

Meanwhile, Virginia has a one-year statute of limitations for defamation, slander, and libel.

Injured minors observe a different deadline, depending on the situation. If the lawsuit is for medical malpractice, the deadline is eight years, or until the minor turns 18 years old.

Tort victims must file a lawsuit within the given timeframe, or else they will lose the legal opportunity to recover compensation for their losses. 

This Virginia law is rather straightforward, with a limited window of exceptions for the time the statute of limitations’ clock starts.

When Does the Deadline’s Clock Start to Run?

Most of the time, the deadline’s clock starts to run on the day the tort happens. In the case of car accidents, it begins on the day of the accident.

Some cases do not follow this rule:

• Occupational diseases: Various rules apply for workplace illnesses. In asbestos or mesothelioma cases, the timeframe for filing starts when the claimant is informed of their diagnosis by a doctor.

• Medical malpractice: There are different rules for medical malpractice. For instance, the clock will start ticking once the medical treatment that resulted in harm is completed.

• Sexual abuse: The statute of limitations will begin to run from the time a psychologist or doctor informs the victim that their injuries are related to sexual abuse.

How Much Can Someone Sue in a Tort Case in Virginia?

The amount of compensation one can pursue depends on each case, but average awards for damages range from tens of thousands to as high as $750,000. Damages, in legal terms, are defined as the money paid to the injured by the party that caused the injury. These can be divided into different categories:

• Nominal damages: A small sum of money is awarded by the court for intentional torts such as assault and battery, but not for negligence torts. This happens when the victim is unable to prove their injuries exist.

• Compensatory damages: This refers to the compensation given to restore the victim to their pre-injury condition. This is divided into economic and non-economic damages. The former includes medical bills, lost income, and injury-related expenses. The latter is for intangible losses such as emotional stress, pain and suffering, and disfigurement.

• Punitive damages: The court may award the victim punitive damages to punish the defendant for their malicious actions.

Caps on Compensation

Some Virginia rules limit or prohibit the compensation that a tort victim may receive. These involve situations such as the following:

• Claims against the government: For ordinary negligence claims against the government, the injured can only obtain up to $100,000 in damages.

• Contributory negligence: Plaintiffs at fault for their injuries, even slightly, may no longer recover compensation.

• Other caps on damages: There is a $350,000 cap on punitive damages in Virginia. For medical malpractice claims, the limit is $2.6 million until June 30, 2024. This amount will increase to $2.65 million on July 1, 2024.

Financial Recovery in Mass Torts

Mass tort cases can lead to different payouts, depending on factors such as the victim’s age, the plaintiff group’s size, and the strength of the evidence. Plaintiffs with severe injuries can expect a bigger payout compared to those with minor ones.

The following real-life examples show some of the possible payouts in Virginia mass tort claims:

• Numerous mass tort cases have stemmed from injuries and deaths due to mesothelioma. In one mesothelioma wrongful death lawsuit, a $17.5 million verdict was awarded to the plaintiff. It consisted of ​​$5 million in punitive damages, $12 million in compensatory damages, and a separate $500,000 in medical bills. However, Exxon, the defendant, later filed an appeal, which was favored by the Virginia Supreme Court.

• As of April 2024, 59 claimants in the Camp Lejeune case had received settlements worth $5,950,000, with each claim ranging from $100,000 to $450,000. Over 177,000 pending cases may see potential payouts as legal proceedings continue.

Other Legal Remedies in Tort Cases in Virginia

The plaintiff in a Virginia tort case may also seek legal remedies other than damages. These can be:

• Injunction: An injunction is an order that compels or restrains any action by the defendant. For example, an injunction may be imposed on a trespasser who habitually steals from a farm.

• Restitution: The plaintiff may be given a restitution remedy if the defendant is found to have unjustly enriched themselves at the expense of the plaintiff. For example, a person who defrauds a car owner by selling their vehicle may be ordered to return the said property or pay for it.

Resources for Tort Victims in Virginia

The Virginia Judicial System

Mass tort victims who have filed lawsuits in any Virginia court can visit the state’s Judicial System website to access various kinds of information. They can search for cases statewide and go to the case management system of various courts, including the appeals and supreme courts. Those trying to educate themselves about the state’s courts can check out the directories, FAQs, and relevant forms available on the site.

Virginia Victims Fund

Virginia Victims Fund, a state program, provides violent crime victims assistance with out-of-pocket expenses, such as funeral costs, medical bills, and prescriptions. To find out if you are eligible for its services, call the customer service line at 1-800-552-4007 during regular business hours. Requests for in-person assistance are accommodated via email at appointment@virginiavictimsfund.org.

The Virginia Bar Association

The Virginia Bar Association can help injured locals find a lawyer in their area through the VBA website or via phone call at 800-552-7977. It also has a list of other regional referral services throughout the state.