The Biggest Changes to Personal Injury Law Out of Virginia’s 2026 Session

The Biggest Changes to Personal Injury Law Out of Virginia’s 2026 Session

Every year, Virginia lawmakers meet in Richmond to consider proposed laws, or bills. Tracking these bills is important as many of them carry the potential to directly or indirectly affect the lives of individuals and families who suffer harm due to the negligence of others.

The most recent 2026 legislative session of the Virginia General Assembly, which wrapped up in April after a short, budget-related special session, proved to be an especially busy one, with 2,366 bills introduced in the House and Senate.

Of course, not every bill becomes a law. Only 1,120 (less than half) of those bills received the governor’s approval this session and became laws. Many bills fail to pass, or they are continued to the next session. Sometimes, even though a bill passes the House and Senate, the governor returns the bill with objections and recommended changes.

In our view, the following bills from the last legislative sessions are the ones that could most significantly impact personal injury and wrongful death cases in Virginia. Unless otherwise noted, all approved bills will take effect on July 1, 2026.

Approved Bills that Directly Affect Personal Injury and Wrongful Death Cases

Gov. Abigail Spanberger approved only 47 percent of the bills introduced in the last legislative session. Among those approved bills were many that could affect personal injury and wrongful death claims in Virginia:

  • HB 1479 – Allows victims and families to seek punitive damages in personal injury and wrongful death claims that arise from felony hit-and-run accidents, providing an additional remedy when a hit-and-run driver engages in especially serious misconduct.
  • HB 107 – Relaxes the procedural requirements for filing an underinsured motorist (UIM) claim after a person settles for the at-fault driver’s insurance policy limits. This change in the law could speed up how long it takes to resolve UIM claims.
  • HB 1020 / SB 37 – Sexual abuse victims in Virginia face a deadline for filing civil claims. Typically, the clock starts running on the date the abuse occurred. However, in some cases, the abuse does not come to light right away. This bill allows the clock to start running on the date when corroborative evidence was discovered by the victim, or reasonably should have been discovered through due diligence, in cases involving sexual abuse that allegedly occurred during the victim’s infancy or incapacity.
  • HB 14 – Benefits families that face fire hazards and other unsafe living conditions. It gives localities the right to file a claim for an injunction or damages on behalf of injured tenants when landlords ignore notice and fail to fix dangerous conditions on their property that put their tenants’ safety at risk.
  • HB 21 / SB 27 – Imposes new controls on members of the firearm industry for the purpose of preventing unlawful sales, trafficking, theft, misuse, and other dangerous conduct. It also allows civil enforcement when the standards are violated. By setting certain standards of conduct, this bill could end up impacting firearm-related negligence and nuisance claims in the future in Virginia.

Approved Bills that Could Improve Public Safety in Virginia

While the following approved bills may not directly lead to legal claims, they could help to prevent accidents, injuries, and deaths in Virginia and establish what is “reasonable” conduct in many situations:

  • HB 561 – Permits some drivers charged with DWI, test refusal, or repeat violations to get a restricted driver’s license upon installation of an ignition interlock device, which prevents a driver from operating their car after drinking alcohol. It also creates a group to study Virginia’s DWI laws, which could lead to future crash prevention measures.
  • HB 55, SB 84, and SB 59 – These bills expand and refine automated traffic enforcement involving illegal exhaust noise, pedestrian crossings, and stop signs, with some of those changes taking effect in 2027.
  • HB 812 and 1120 and SB 832 – These bills address the accident and injury risks that non-motorists face when sharing the streets and roads with motor vehicles by requiring bicyclists to obey bicycle signals (and take certain steps when signals and traffic lights are out of service), ordering studies to find ways to improve safety for e-bikes, scooters, mopeds, and similar devices, and requiring the Virginia Department of Transportation (VDOT) to develop criteria and recommendations for safety zones in areas with high rates of pedestrian and bicycle accidents.
  • HB 25 – Requires at least two qualified crew members on freight train operations, with limited exceptions. If a freight train crash occurs, a safety rule like this one can help clarify the safety standards which the train’s owners and operators should have met.

Bills that Passed, But Are Awaiting Approval

A potential landmark bill, SB 229, was passed by the General Assembly but sent back by the governor with recommendations for changes. If approved, the bill would set out a clear procedure for bringing class-action claims under the Virginia Consumer Protection Act and could improve efficiency in cases involving multiple people who suffered similar harm due to the same product defect, misleading practice, or other misconduct.

Bills Continued to the Next Session

One bill continued to the 2027 legislative session could give greater protection and stronger remedies to tenants who face unsafe living conditions. If passed and approved, HB 79 would allow tenants and families to bring personal injury and wrongful death actions due to exposure to dangerous mold in rental housing. It would also permit the recovery of compensatory damages (such as medical bills and lost wages), punitive damages, and attorney fees if the mold developed due to the gross negligence or willful misconduct of the landlord or managing agent.

Another continued bill, HB 66, calls for studying and planning upgrades to the technology systems that manage major public benefits programs, which could help injury victims get quicker access to medical coverage, food benefits, and other support.

Failed Bill

One bill that did not make it out of the General Assembly, HB 7, would have helped people to seek accountability after being harmed by law enforcement officers. The bill would have restricted certain state and federal officers from wearing facial coverings while on duty, with limited exceptions, and created a civil cause of action for people injured by the wrongful conduct of an officer who was knowingly and intentionally wearing a facial covering in violation of the rule. The bill also would have barred the officer or agency from raising sovereign immunity as a defense.

Contact an Experienced Virginia Personal Lawyer Today

As you can see, the laws in Virginia are constantly changing, including laws that address legal procedure, set safety standards, and increase access to justice. If you or a family member suffered harm due to someone else’s negligence, these changes could very well affect you and your future.

To learn more about how these bills and other legislation could impact your case, contact us today at Lichtenstein Law Group. Our Roanoke personal injury attorneys bring nearly 100 years of combined legal experience to every case. We can review the facts of your case, explain how the law applies, and discuss your legal rights and options in a free consultation.

John E. Lichtenstein is a founding member of Lichtenstein Law Group, PLC, with more than three decades of experience as a trial lawyer. A graduate of the University of Virginia School of Law, John has successfully resolved hundreds of cases on behalf of his clients, including some of the largest jury verdicts and settlements in Virginia history. He has also served his profession, including serving as President of the Virginia Trial Lawyers Association in 2015-2016 and as Chair of the Virginia State Bar Criminal Law Section in 2007-2008.

 

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