Virginia Laws
This page summarizes ten Virginia laws people ask about most, with a link to the full guide for each. Every guide cites the state statute or an official source. Laws change, so check the current statute or talk to a local attorney before you act.
Virginia Personal Injury Statute of Limitations
In Virginia, you generally have 2 years from the date of injury to file a personal injury lawsuit (Va. Code § 8.01-243). If you miss the deadline, the court will usually dismiss the case. Different deadlines can apply to medical malpractice, wrongful death and claims against government agencies.
Read the full personal injury statute of limitations guide →
Virginia Comparative Negligence Laws
Virginia follows contributory negligence. If you are even slightly at fault for your own injury, even 1%, you generally cannot recover damages from the other party. It is one of only a handful of jurisdictions that still use this strict rule.
Virginia Minimum Wage in 2026
The Virginia minimum wage is $12.77 per hour, above the federal $7.25. Adjusted annually for inflation. When state and federal rates differ, employees are entitled to the higher rate. Overtime at one and a half times the regular rate generally applies after 40 hours in a workweek.
Virginia Final Paycheck Laws
In Virginia, an employer must pay final wages to a fired employee: next regular payday. The same deadline applies if you quit. If wages are late or missing, you can file a wage claim with the state labor department or go to court.
Virginia Small Claims Court Limits
In Virginia, you can sue for up to $5,000 in small claims court, which is handled by the General District Court (small claims division). Lawyers generally cannot appear in the small claims division, but General District Court hears larger claims. Small claims cases are faster and cheaper than regular lawsuits, and most people represent themselves. If your claim is larger, you must file in a higher court or give up the excess.
Virginia Security Deposit Laws
Virginia security deposit limit: 2 months' rent. The landlord must return the deposit, minus lawful deductions, within this deadline: 45 days. Landlords cannot deduct for normal wear and tear, and tenants can usually sue in small claims court if a deposit is wrongly withheld.
Virginia Eviction Notice Requirements
If rent is unpaid in Virginia, the landlord must generally give a written notice before filing an eviction case: 5 days to pay or move. Only a court can order an eviction; a landlord cannot change the locks, remove belongings or shut off utilities to force a tenant out.
Virginia Small Estate Affidavit
Virginia small estate limit: $75,000. Waiting period after death: 60 days. Real estate cannot be transferred this way. A small estate process lets heirs collect property without a full probate case. The heir signs a sworn affidavit and presents it, with a death certificate, to whoever holds the property.
Does Virginia Recognize Common Law Marriage?
No. Virginia does not recognize common law marriages formed in Virginia. Most states generally recognize a marriage that was valid where it was formed, so a common law marriage created in a state that allows it may still be recognized.
Virginia Divorce Residency Requirements
To file for divorce in Virginia: 6 months of residence and domicile before filing. Waiting period: 12 months of separation, or 6 months with no minor children and a signed settlement agreement. If you do not meet the residency rule yet, you may need to wait or file in the state where your spouse lives.
Find help near you in Virginia
Popular cities: Lynchburg
This page summarizes state law for general information and is not legal advice. Laws change and courts interpret them; check the current statute or official source, or talk to a licensed attorney in your state about your situation.
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