In comparative-negligence states, a jury assigns each party a percentage of fault and reduces the award accordingly. If you are 30% at fault, you still recover 70% of your damages. In Virginia, that same 30% — or even 1% — can bar recovery entirely.
Two Different Worlds of Fault
Real-World Impact
Consider a pedestrian hit in a crosswalk who was looking at their phone. In a comparative state, they likely recover most of their damages. In Virginia, the defense will argue the phone use makes them contributorily negligent, potentially defeating the claim.
How to Respond
Virginia injury victims cannot afford a casual approach. The defense will hunt for any contributing fault. A skilled attorney builds the liability case to foreclose those arguments before they gain traction.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Virginia attorney.