How to Sue State or Local Government for Personal Injury in Virginia

 

There are time limitations that apply to the filing of a personal injury lawsuit in Virginia. These time limitations are known as statutes of limitations – and they apply to every case.

 

Those of you with potential personal injury actions against the Commonwealth of Virginia or local government, including cities, counties, and towns, must satisfy another procedural requirement: the notice of claim requirement. Failure to give timely notice of a personal injury claim may lead to forfeiture of your legal rights, even if you satisfy the appropriate statute of limitations.

 

Keep reading to learn more about how to sue state or local government in Virginia. Then contact Virginia personal injury lawyer Corey Pollard for a free consultation. He helps accident victims across the state recover damages for their injuries: 804-251-1620 or 757-810-5614.

 

Notice of Claim Requirements for Personal Injury Actions Against the Commonwealth of Virginia

 

Virginia Code Section 8.01-195.6 provides the notice of claim requirements for personal injury actions against the Commonwealth of Virginia. It states:

 

Every claim cognizable against the Commonwealth or a transportation district shall be forever barred unless the claimant or his agent, attorney or representative has filed a written statement of the nature of the claim, which includes the time and place at which the injury is alleged to have occurred and the agency or agencies alleged to be liable, within one year after such cause of action accrued ….

 

You have one year to give written notice of the claim if you plan to sue state government for personal injuries.

 

How Do I Know if I Have a Personal Injury Claim Against a Transportation District in Virginia?

 

The Virginia Department of Transportation (VDOT) divides the state into nine transportation districts. Each district oversees road maintenance and construction on the state-maintained roads, bridges, highways, and tunnels in its geographic area. Some cities, counties, and towns, however, maintain their own roads. These include Arlington and Henrico counties. It’s important you determine who had control of the roadway where your accident took place to determine whether the claim-notice requirement applies to your case.

 

The nine VDOT transportation districts are: Bristol District; Salem District; Lynchburg District; Richmond District; Hampton Roads District; Fredericksburg District; Culpeper District; Staunton District; and, Northern Virginia District.

 

You need not give notice of a personal injury action to the transportation district unless you allege the transportation’s negligence caused your accident and injuries. For example, you need to give notice of the claim if you allege improper maintenance of the highway caused your injuries.

 

Who Do I File the Notice of Claim With?

 

If you have a potential personal injury action against the Commonwealth of Virginia you must give notice to the Director of the Division of Risk Management or the Attorney General.

 

If you have a potential claim against a transportation district, you must give notice to the chairman of the commission of the transportation district where your accident and injury took place.

 

If you have a claim against the Department of Transportation then you must give notice of the claim to the Commissioner of Highways. The Commissioner of Highways will forward the claim to the Attorney General if necessary.

 

How Do I Give Notice of My Personal Injury Claim to the Commonwealth of Virginia?

 

Because a claimant has the burden of establishing notice was given, we recommend sending notice by certified mail, return receipt requested. A signed United States mail return receipt indicating the date of delivery is prima facie evidence of filing of the notice required under the Virginia Code.

 

If you are close to the one-year deadline for giving notice of your claim, we recommend hand-delivery of notice to the applicable person or entity, or the use of a commercial delivery service.

 

Am I Barred from Suing the Commonwealth of Virginia for Personal Injuries if I Failed to Satisfy the Notice Requirement?

 

You may be reading this article because more than one year has passed since your accident and you have not given notice to the Commonwealth of Virginia. Don’t worry. You may be able to move forward with your personal injury claim against the Commonwealth of Virginia.

 

The law states that failure to give notice within one year will not bar a claim against the Commonwealth of Virginia if the claimant can prove that the Division of Risk Management or any insurer providing coverage or indemnification of the claim or the Attorney General had actual knowledge of the claim. This means the applicable person or insurer must have had knowledge of the nature of the claim, the time and place at which the injury occurred, and the agency or agencies alleged to be liable.

 

If the claim is against a transportation district then a claimant can bypass the notice requirement by proving that the chairman of the commission of the transportation district alleged to be liable had actual knowledge of the claim.

 

Notice of Claim Requirements for Personal Injury Actions Against Counties, Cities, and Towns in Virginia

 

Virginia Code Section 15.2-209 provides the notice requirements for tort claims against counties, cities, and towns in Virginia. It is similar to the statute governing personal injury claims against the Commonwealth of Virginia, except a claimant has only six months to give notice. The statute says:

 

Every claim cognizable against any county, city, or town for negligence shall be forever barred unless the claimant or his agent, attorney, or representative has filed a written statement of the nature of the claim, which includes the time and place at which the injury is alleged to have occurred, within six months after cause of such action.

 

Who Do I File the Notice of a Personal Injury Claim Against Local Government With?

 

If you have a personal injury action against a city, county, or town you must file notice of the claim with the local government’s attorney or with the chief executive or mayor of the county, city, or town.

 

How Do I Give Notice of My Personal Injury Claim to the Local Government?

 

As with notice to the Commonwealth of Virginia, we recommend sending notice by United States mail, return receipt requested. Keep a copy of the return receipt. This is evidence that you satisfied the filing requirement.

 

Am I Barred from Suing a City, County, or Town for Personal Injuries if I Failed to Satisfy the Notice Requirement?

 

The same “safe harbor” that applies to actions against the Commonwealth of Virginia applies to actions against local government. If the attorney, chief executive, mayor, or insurer of a city, county, or town had actual notice of the claim then it will not prevail on a notice defense.

 

Does the Notice of Claim Requirement Apply to Child Injury Claims?

 

The notice of claim requirement is tolled in child injury claims. Because a child is considered “under a disability,” he or she has until their nineteenth birthday to give notice of a personal injury action against the Commonwealth of Virginia or local government.

 

Despite this tolling provision, we recommend giving notice of the claim to the Commonwealth of Virginia, applicable transportation district, or local government immediately.

 

Get Help Recovering for Personal Injuries Caused by State or Local Government Negligence

 

Suing state or local government for personal injuries is difficult. There are additional procedural and substantive rules you must overcome, including the notice of claim requirement and governmental immunity. But attorney Corey Pollard can help.

 

If you’re located in Virginia and need help recovering damages due to state or local government acts or omissions, call now. Mr. Pollard and his firm are ready to help.

Corey Pollard
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