In a personal injury case in Virginia, fault is typically determined based on the concept of negligence. Negligence refers to the failure to exercise reasonable care, resulting in harm or injury to another person. To establish fault, the following elements are generally considered:   Duty of care: The defendant must owe a legal duty of care to the plaintiff. For example, drivers have a duty to follow traffic laws and operate their vehicles responsibly. Breach of duty: The plaintiff must show that the defendant breached their duty of care by acting negligently or failing to act when they should have. Causation: The plaintiff must demonstrate that the defendant's breach of duty directly caused their injuries. They need to establish a causal link between the defendant's actions (or lack thereof) and the harm suffered. Damages: The plaintiff must provide evidence of actual damages, such as physical injuries, emotional distress, medical expenses, or loss of income, resulting from the defendant's negligence.   Fault is typically determined through a thorough investigation, examination of evidence, witness testimony, and expert opinions. It's essential to consult with a personal injury attorney who can help gather evidence, analyze the circumstances, and build a strong case to establish fault in your personal injury claim.