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Virginia Personal Injury Attorneys

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August 25, 2025 by Tom Roberts, Esq.

Personal injury · Richmond, Virginia · Since 1986

Virginia Personal Injury Attorneys

Justice and Civil Rights — It’s In Our Blood

When you have a serious injury, don’t you want a lawyer who has been there and done that to handle your case?

Our attorneys

Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case undertaken by the lawyer. The facts and circumstances of each case are unique.

Thomas H. Roberts, Esq.

First jury verdict in excess of $1 million in the history of Henrico County.

Andrew T. Bodoh, Esq.

Settlement in excess of $1 million — complex litigation.

Jonathan M. Arthur, Esq.

Settlement in excess of $1 million — complex litigation.

Understanding a personal injury case in Virginia

What is a “personal injury” lawsuit?

“Personal injury” lawsuits are suits seeking damages for “personal injuries”—injuries to the body, mind or emotions, in contrast to injuries or damages to property—but often include disability, disfigurement, and lost wages or earning capacity as well.

What do we have to prove?

In every lawsuit, the plaintiff must prove (1) liability, (2) damages, and (3) that the damages were proximately caused by the defendant’s actions forming the basis for the suit.

Are pain and suffering included?

In an action for personal injury resulting from another’s negligence, the inconvenience, discomfort, and mental suffering entailed on the person injured by reason of the injuries and consequent disability are to be considered in estimating his damages.

Is the amount sued for what I will recover?

No. The amount sued for is not the same as the amount recovered by judgment or settlement. In Virginia state courts, if a verdict returns for an amount greater than the amount sued for, the judgment is reduced to the amount sued for. That is why the amount sued for is often so high.

How much can I recover?

There is no fixed rule or yardstick by which to measure the definite amount of damages for suffering endured and bodily disfigurement in personal injury cases.

When is a jury award “excessive”?

Whether or not an award is excessive must be determined in view of the facts and circumstances of each particular case. The determination of the amount is peculiarly within the province of the jury, and the award cannot be set aside unless it is shown that it is so out of proportion to the injury and loss suffered as to evidence prejudice, partiality, or corruption by the jury, or that the amount arrived at was brought about by a mistaken view of the merits of the case.

What is “negligence”?

“Negligence” is the failure of a person to use ordinary care for the safety of another.

If you have been injured in Virginia as a result of the negligence of another, you are entitled to be compensated for your injuries, damages and losses, provided you timely file suit and your injuries, damages and losses were not caused by your own contributory negligence.

Where does the duty come from?

In Virginia, “[t]he question of liability for negligence cannot arise at all until it is established that the man who has been negligent owed some duty to the person who seeks to make him liable for his negligence.”

What is a “tort”?

A “tort” is any civil wrong or injury; a wrongful act (not involving a breach of contract) for which a legal action will lie. It is also defined as the violation of some duty owing to the plaintiff imposed by the general law or otherwise. Generally, the “duty must arise by operation of law and not by mere agreement of the parties.” Stated differently, a tort is a “legal wrong committed upon the person or property independent of contract.”

Summary of personal injury law in Virginia

A fuller explanation of negligence, damages, and deadlines in Virginia injury cases.

Read the summary

Personal injury cases we handle

Personal injury suits may be based on negligence or on a statute. Some examples:

Serving clients throughout Virginia, including the City of Richmond and Henrico, Chesterfield, Hanover, Goochland, Powhatan, Louisa, and New Kent Counties, and the City of Petersburg. See our personal injury practice.

Injured? Call us today.

Free, confidential consultation. Personal injury cases are handled on a contingency fee basis.

Disclaimer. The materials are prepared for information purposes only. The materials are not legal advice and you should not act upon the information without seeking the advice of an attorney. Nothing herein creates an attorney-client relationship.

Thomas H. Roberts & Associates, P.C. · 105 S. 1st Street, Richmond, VA 23219 · (804) 783-2000


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