Lost Wages in a Virginia Personal Injury Claim
If an injury caused by another party's negligence forced you out of work in Virginia, you can recover lost wages and future earning capacity as part of your claim. Here is exactly how to document, calculate, and recover your income losses.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Contributory negligence
Fault System
2 years
Filing Deadline
At-Fault
Auto System
What Lost Wages You Can Recover in Virginia
Past Lost Wages
All income you lost from the date of the accident through settlement or verdict — including salary, hourly wages, tips, commissions, bonuses, and self-employment income.
Future Lost Earnings
If your injury causes permanent or long-term disability affecting your ability to work, you can recover the present value of future income losses. Expert economic testimony is typically required.
Lost Business Income
Self-employed individuals and business owners can claim documented lost profits caused by their inability to work.
Benefits & PTO Used
Sick days, vacation days, and other benefits consumed due to your injury may be recoverable as lost wages.
No-Fault vs At-Fault in Virginia
Virginia Injury Law
Virginia maintains the contributory negligence doctrine alongside Alabama, Maryland, and North Carolina, completely barring any plaintiff who bears even minimal fault. This strict rule creates a high burden for plaintiffs and makes Virginia cases highly contested on fault allocation. The statute of limitations is 2 years. Virginia does not require no-fault PIP insurance. Virginia's proximity to the nation's capital and large government contractor workforce creates significant claims under both state law and the Federal Tort Claims Act. Northern Virginia's dense population and heavy traffic generate substantial auto accident litigation. Virginia has no general cap on compensatory damages. Virginia caps punitive damages at $350,000 under Va. Code Ann. § 8.01-38.1. Medical malpractice claims in Virginia have the same 2-year limitation period and are capped at $2.95 million total recovery under the Virginia Medical Malpractice Act. Workers' compensation provides the exclusive remedy for workplace injuries under the Virginia Workers' Compensation Act.