You know that it’s possible to sue an individual or a company, but you probably don’t know too much about how a city or county in Virginia can be sued.
Suing state or local government for personal injuries is often a tremendous undertaking, especially if you are trying to do it yourself.
In Virginia, there are several procedural and substantive rules you are required to follow, including the notice of claim requirement. This article will discuss the beginning process of suing a government entity in Virginia.
If you think you have a case of personal injury against the Commonwealth of Virginia or local government, including cities, counties, and towns, you also must first fulfill the notice of claim requirement. If you fail to give timely notice of a personal injury claim, this may lead to forfeiture of your legal rights, even if you satisfy the applicable statute of limitations. Virginia Code Section 8.01-195.6 provides the notice of claim requirements for personal injury cases against the Commonwealth of Virginia. It states that you have one year to give written notice of a claim if you plan to sue state government for personal injuries.
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 your claim is against a transportation district, you must give notice to the chairman of the commission of the transportation district where your accident and injury occurred. 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.
It’s highly recommended to send the notice by certified mail, with return receipt requested. A USPS mail return receipt showing the date of delivery serves as evidence of filing of the notice required under the Virginia Code.
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. 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.
If you are in need of a personal injury lawyer to advocate on your behalf in the event of an injury caused by a state, city, or county in Virginia, Kalfus & Nachman wants to help. Our trusted legal team will work tirelessly to ensure you are able to obtain the compensation you deserve, whether it be for your medical bills, loss of work or wages, or pain and suffering. Don’t hesitate to schedule an initial consultation with a member of our firm by calling us at (855) 880-8163.
