When someone is seriously injured or dies in an accident — whether it’s a car accident, serious injury or traumatic brain injury due to a slip and fall, or a wrongful death due to someone else’s negligence or medical malpractice — they (or their loved ones) often try to seek restitution through a settlement or jury award for the economic (such as lost wages and medical bills) and non-economic damages (like pain and suffering) they have experienced. This area of law practice is known as tort law, and it is a key part of our civil courts and justice system.
Understanding how personal injury claims are affected by changes in tort law
However, it’s important to note that the landscape of tort law has undergone significant changes. With laws changing due to several factors, including pressure from the insurance industry, emerging technology, and socioeconomic considerations such as inflation, the outcome of personal injury claims can vary significantly, from the amount of money an injury victim receives to how the case proceeds.
Thankfully, when you hire a personal injury attorney for your tort law case, they will help guide you through these changes. C. James Williams III, Principal at leading Virginia personal injury law firm Burnett & Williams, has firsthand experience navigating these changes as one of Virginia’s most lauded tort law attorneys. He and his experienced attorneys have helped guide residents of Hopewell and clients throughout Virginia through these changes, enabling them to receive the best possible settlement or award.
Recent changes in personal injury cases in the state of VA
One example of tort reform that attorneys and their clients commonly see is a change in the caps on damages that can be awarded in a lawsuit. These changes can significantly affect the amount of money a plaintiff receives in a settlement or court-awarded damages.
“For example, Virginia state code § 8.01-581.15 sets a limit on the amount of damages that can be recovered in a medical malpractice claim,” explains Williams. “The amount of that cap is $2.7 million as of July 1, 2025, and increases by $50,000 each year until 2031, at which point the cap reaches a permanent maximum of $3 million. This cap applies to every case — claims resolved by a jury or a judge.”
The legal system also often sees changes in the statutes of limitations — the period during which someone can file a lawsuit after an incident — for particular charges and offenses.
“In Virginia, the statute of limitations for a personal injury case is two years from the date of the incident, and that has been in place for a long time,” says Williams. “However, other statutes of limitations have changed in recent years. For example, in 2020, Virginia changed the law concering child sexual abuse to be more favorable to victims who realize the wrong inflicted upon them. In any case, it’s best to consult a trusted personal injury attorney right away, as they will know the statute of limitations and ensure that your case is filed before it expires. If you wait too long, you could miss out.”
Another recent change in Virginia tort law has been a change in standards regarding the admissibility of evidence. Williams highlights a 2020 case, Graves v. Shoemaker, in which the expert testimony of a witness was determined to be inadmissible in court due to a “substantial relationship” between the witness and the insurance company, which constituted a bias (i.e., the witness had testified several dozen times on behalf of the insurance company’s insureds and received several hundred thousand dollars in payments in return). Considering the role that expert witness testimony plays in tort law — particularly personal injury law — understanding these changes is pivotal in achieving a favorable outcome for your case.
While many changes in tort law specifically relate to how these cases are tried, some changes in these laws are more targeted at how attorneys handle cases. For instance, the Virginia Supreme Court recently revised the laws governing how lawyers can charge their clients. Williams points to a proposed change in the law that would allow attorneys to charge a contingency fee to clients in domestic violence cases. This change can help clients who cannot afford legal representation on an hourly basis access the support they need.
Hire a skilled Hopewell personal injury attorney to get the compensation you deserve
Navigating these changes in the legal landscape can be difficult, especially if you don’t have a skilled and experienced lawyer on your side, which is why it’s crucial to hire a law firm like Burnett & Williams. With decades of experience in Virginia tort law, the attorneys at Burnett & Williams have seen how the legal landscape has changed over the years and have helped hundreds of clients receive exceptional results, including top settlements and jury awards.
Indeed, the goal of any personal injury lawyer is to win your case and represent your best interests. To achieve fair compensation for their clients, attorneys must understand the intricacies of the tort law landscape.
“If you’ve been injured in a car accident, truck accident, motorcycle accident, or have any other injury claim, do not hesitate: contact us for a free consultation today,” concludes Williams.