1. Cooper Hurley Injury Lawyers
Focus Area: Motor vehicle accidents, railroad accidents, wrongful death, and negligence cases
Practice Areas: Car accidents, truck accidents, motorcycle accidents, railroad accidents, premises liability, wrongful death, catastrophic injuries
Background: The firm has over 128 years of combined experience among its attorneys. Founding partners John Cooper and Jim Hurley have been recognized as Top Lawyers of Coastal Virginia. The attorneys have achieved designations including Super Lawyers, Top 100 Trial Lawyers, and Lawyers of Distinction. The firm has recovered tens of millions of dollars for clients, including a $6.5 million car accident recovery in 2020.
Location: Chesapeake, Virginia (serving Hampton Roads region including Virginia Beach, Norfolk, Newport News, Portsmouth, Suffolk, and Hampton)
Contact: (757) 455-0077 | https://cooperhurley.com/
Consultation: Free consultation offered. The firm works on a contingency fee basis, meaning clients pay no fees unless they win.
2. Rutter Mills
Focus Area: Personal injury, workers’ compensation, maritime injury, and wrongful death cases
Practice Areas: Car accidents, motorcycle accidents, truck accidents, workers’ compensation, wrongful death, maritime accidents, Social Security disability
Background: Rutter Mills has been practicing personal injury law for over 60 years in Hampton Roads. The firm has won millions of dollars for thousands of clients, including precedent-setting verdicts and settlements. The attorneys are licensed in both Virginia and North Carolina.
Location: Serves Chesapeake and the entire Hampton Roads area with offices throughout the region
Contact: (757) 777-7777 | https://www.ruttermills.com/
Consultation: Free consultation available 24/7. The firm operates on a contingency fee arrangement.
3. Montagna Law
Focus Area: Personal injury and accident cases throughout Virginia
Practice Areas: Car accidents, motorcycle accidents, truck accidents, premises liability, medical malpractice, workers’ compensation, wrongful death
Background: Montagna Law attorneys have been listed among Virginia Super Lawyers and possess extensive experience as both negotiators and trial lawyers. The firm has won millions in settlements and verdicts for clients in Chesapeake, including a $1,060,000 forklift injury settlement and a $1,000,000 slip and fall recovery.
Location: Serves Chesapeake and the Hampton Roads area including Virginia Beach, Norfolk, Portsmouth, Suffolk, and Hampton
Contact: (757) 622-8100 | https://www.montagnalaw.com/
Consultation: Free consultation available. The firm works on a contingency fee basis.
4. Shapiro, Washburn & Sharp
Focus Area: Serious personal injury, railroad accidents, wrongful death, and brain injury cases
Practice Areas: Car accidents, truck accidents, railroad accidents, brain injuries, medical malpractice, mesothelioma/asbestos cases, wrongful death
Background: The firm has been providing representation for injured clients in Virginia and North Carolina since 1985. Richard Shapiro has over 38 years of experience in personal injury law. Firm attorneys are recognized as Virginia Super Lawyers and hold the AV Preeminent rating from Martindale-Hubbell. Notable results include a $60 million jury verdict for a brain injury case and a $21 million settlement for a child’s brain injury.
Location: 4705 Columbus Street #304, Virginia Beach, VA 23462 (serving Chesapeake and throughout Hampton Roads)
Contact: (757) 321-3983 | https://www.hsinjurylaw.com/
Consultation: Free, no-cost consultation offered. The firm operates on a no recovery, no cost policy.
5. Slaughter & Lupton Law
Focus Area: Personal injury cases including motor vehicle accidents and premises liability
Practice Areas: Car accidents, truck accidents, boat and watercraft accidents, slip and fall accidents, premises liability, wrongful death
Background: The attorneys at Slaughter & Lupton Law have successfully tried a large number of cases before Chesapeake judges and juries. The firm specializes in the nuances of local laws and regulations specific to the Chesapeake community, including cases involving the Dismal Swamp area and intercoastal waterway.
Location: Serves Chesapeake and the Hampton Roads region, including neighborhoods from South Norfolk to Hickory
Contact: (757) 244-0015 | https://slaughterlupton.com/
Consultation: Free initial consultation available. The firm provides personalized legal strategies for each case.
Personal Injury Laws in Virginia
Statute of Limitations
Virginia law provides a two-year statute of limitations for most personal injury cases under Va. Code § 8.01-243. The clock typically begins running on the date of the injury. Wrongful death claims must also be filed within two years from the date of death under Va. Code § 8.01-244.B.
Negligence Rules
Virginia follows the pure contributory negligence rule, which is one of the strictest negligence standards in the country. Under this doctrine, if an injured party is found to be even 1% at fault for the accident that caused their injuries, they may be completely barred from recovering any compensation. Virginia is one of only four states that still applies this rule. Insurance companies often use this defense to deny or reduce claims.
Damage Caps
Virginia caps punitive damages at $350,000 under Va. Code § 8.01-38.1. There are no statutory caps on compensatory damages (such as medical expenses, lost wages, and pain and suffering) in most personal injury cases. Medical malpractice cases have a separate cap that increases annually.
Auto Insurance Requirements
As of July 1, 2024, Virginia requires all drivers to carry liability insurance. Previously, drivers could pay a $500 Uninsured Motor Vehicle fee to drive without insurance, but this option has been eliminated.
Current minimum requirements (as of January 1, 2025):
- $50,000 for bodily injury or death of one person
- $100,000 for bodily injury or death of two or more persons
- $25,000 for property damage
Virginia also requires uninsured/underinsured motorist coverage matching these liability limits.
Fault System
Virginia is an at-fault state, meaning the driver who causes an accident is financially responsible for the resulting damages. Injured parties can file claims through the at-fault driver’s insurance company, their own insurance company, or pursue a personal injury lawsuit in civil court.
Frequently Asked Questions
How does Virginia’s contributory negligence rule affect my car accident case in Chesapeake?
Virginia’s contributory negligence doctrine can significantly impact your ability to recover compensation. If defense attorneys or insurance adjusters can prove you were even minimally at fault, such as traveling slightly over the speed limit or failing to signal, you could be barred from any recovery. This makes it particularly important to preserve evidence, obtain witness statements, and work with an attorney who can build a strong case establishing the other party’s complete fault.
What happens if I’m injured by an uninsured driver on Military Highway or I-64?
Since Virginia eliminated the Uninsured Motor Vehicle fee option in July 2024, all registered vehicles should now carry insurance. However, if you’re injured by a driver who is illegally uninsured, you can file a claim under your own uninsured motorist coverage, which is now required for all Virginia policies. Your UM coverage will pay for medical bills and damages up to your policy limits when the at-fault driver has no insurance.
Can I still file a claim if my accident happened more than a year ago?
You have two years from the date of the accident to file a personal injury lawsuit in Virginia. However, waiting too long can hurt your case since evidence deteriorates, witnesses’ memories fade, and medical records become harder to connect to the accident. If you’re approaching the deadline, you should consult with an attorney immediately to ensure your claim is filed properly within the statute of limitations.
What types of damages can I recover in a Chesapeake personal injury case?
Virginia law allows injured parties to recover compensatory damages including medical expenses (past and future), lost wages, loss of earning capacity, property damage, pain and suffering, and loss of enjoyment of life. In cases involving willful or wanton conduct, such as drunk driving accidents, you may also be entitled to punitive damages up to $350,000. There is no cap on compensatory damages in most personal injury cases.
How do Norfolk Southern railroad operations in Chesapeake affect personal injury claims?
Chesapeake has significant railroad activity, and accidents involving trains or railroad operations may involve federal laws like the Federal Employers’ Liability Act (FELA) for railroad workers, or complex jurisdiction issues. Railroad companies often have dedicated legal teams, making it essential to work with attorneys experienced in railroad injury litigation who understand both state personal injury laws and federal railroad regulations.