Regan Zambri Long’s Virginia personal injury lawyers understand how the Tort Claims Act works and will guide you through the requirements that apply to your case.
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In most personal injury cases, an injured person can bring a claim directly against the individual or business responsible for causing harm. When a state agency or state employee is involved, the process is different because the Commonwealth is generally protected by sovereign immunity, which means the state cannot be sued unless it has agreed to allow certain types of claims.
The Virginia Tort Claims Act, set out in Article 18.1 of the Code of Virginia, creates a limited exception to that protection. It allows certain negligence claims to be brought against the state when an injury results from the actions of a government employee acting within the scope of their job. These claims are allowed only when specific steps and deadlines are followed.
Claims against state agencies follow stricter rules than ordinary injury cases. The Act does not allow every type of lawsuit; instead, it provides a narrow way to hold the Commonwealth accountable in situations where the law permits a claim to proceed.
The Act applies to certain claims against the Commonwealth of Virginia and its agencies. In practical terms, this usually means injuries caused by state employees acting within the scope of their official duties at the time of the incident.
This can include employees working for:
When these employees cause harm through negligence in the course of their jobs, the Act may allow a claim to proceed against the state rather than the individual employee.
However, not every government-related injury falls under the Act. Claims involving cities, counties, and local agencies are subject to different rules. A claim may also be barred if the employee was acting outside the scope of their duties.
Claims brought under the Act follow a very different process from most personal injury cases. When you are injured by a private individual or business, the focus is usually on proving negligence and damages. With government-related injuries, procedure matters just as much as fault.
Tort claims against the Commonwealth are subject to strict rules that do not apply in ordinary cases. These include:
In many situations, cases are decided based on whether these rules were followed rather than on the seriousness of the injury itself.
There are also differences in how claims are resolved. Jury trials are not available in the same way, and recovery is capped by statute.
One of the most important requirements under the Act is timely written notice. §8.01-195.6 of the Code of Virginia requires that notice of a claim be provided to the Commonwealth within one year of the date the injury occurred.
This notice must include basic information about what happened, where it happened, and how the injury occurred, and it must be sent to the proper state office. Informal conversations, verbal reports, or complaints made to individual employees do not satisfy this requirement.
Many Virginia tort claims fail because this step is misunderstood or missed. Even when an injury was preventable, failing to provide notice within the required time frame or sending it to the wrong entity can prevent a claim from moving forward.
Claims brought under the Act are subject to statutory limits that do not apply in most personal injury cases. Even when negligence is clear and injuries are serious, recovery against the Commonwealth is capped by law.
Under the Act, damages are generally limited to $100,000 per claim, regardless of the extent of the injury, and punitive damages are not permitted in claims against the state. These limits apply even when medical expenses and other losses are significantly higher.
Claims against cities, counties, and other local government entities in Virginia are not governed by the Virginia Tort Claims Act. Instead, they are subject to separate notice requirements and immunity rules.
Under §15.2-209 of the Code of Virginia, a person injured by a local government or its employee is generally required to provide written notice of the claim within six months of the date of the injury. This notice must be delivered to the appropriate local official in order to preserve the claim.
Because these deadlines are shorter and the procedures are different, confusing a state claim with a local government claim can have serious consequences. Missing the notice deadline or sending notice to the wrong entity can prevent a case from moving forward, even when liability is clear.
After a government-related injury, the focus should be on preserving information needed to comply with the Virginia Tort Claims Act.
Claims brought under the Virginia Tort Claims Act leave little room for error. Notice deadlines, immunity rules, and damage limits all affect whether a claim can move forward, regardless of how an injury occurred.
Regan Zambri Long’s personal injury lawyers will help you understand how these rules apply to your specific situation. We will review the facts, identify whether your claim involves the Commonwealth or a local government entity, and assess whether notice requirements have been met.
If you have questions about your rights after a government-related injury in Virginia, contact us today for a free consultation.
Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.