Virginia law generally provides that a personal injury claim must be filed within two years from the time the case occurs. Typically, it is two years from the date of the accident. However, there is a very important additional legal requirement if you have a claim against a city, a county, a town, or its employees. Filing injury cases against a government entity is a complex process and requires a personal injury lawyer’s legal experience and knowledge.

If you’ve been injured due to someone else’s negligence, our law firm can help you get financial compensation for all your losses. At Shapiro, Washburn & Sharp, we can help you assess your claim and guide you through the legal process to ensure you receive the compensation you deserve. Call us today at 833-997-1774 for a free consultation.

 What Is the Process for Filing a Lawsuit Against the Government?

The process is more complex than filing a lawsuit against a private individual or business. The government, whether at the federal, state, or local level, enjoys certain protections, such as “sovereign immunity,” which generally shields it from being sued. However, in certain cases, the government has waived its immunity and allows individuals to sue for personal injuries under specific circumstances.

The Federal Tort Claims Act (FTCA) and various state-level tort claims acts provide a mechanism for people to file personal injury claims against the government. These laws typically allow individuals to sue for injuries caused by government employees’ negligence or wrongful actions during their official duties. However, there are strict rules and exceptions governing these types of claims.

When suing the government, it’s important to know that different rules may apply depending on whether the claim involves a federal, state, or local government entity. These entities are not automatically liable in the same way private individuals or companies might be, and you will need to follow a specific legal process, often involving notification deadlines and government-specific forms.

What Is the Legal Process for Suing the Government in Virginia?

Virginia Code section 15.2-209 requires a written notice of claim to be filed within six months of the date of the injury or accident, in addition to filing suit within two years. So, this is an important roadblock to filing a personal injury claim against the government.

Who does the notice of claim in writing go to? It goes to either the city, county, or town attorney, chief executive, or mayor of the locality. The notice must state when and where the injury or accident occurred.

If an insurance company representative for the city, county, or town gets involved in administering the claim, you can also give the details to that insurance representative within the six-month time frame.

You want to be sure you can prove that the entity received your notice of claim before the deadline because the injured party bears the burden of proving notice. The notice should be sent using a service (USPS, FedEx, etc.) that will enable you to get a signed receipt.

If the claim is not settled, a lawsuit must be filed within two years of the date of occurrence.

In most cases, if the entity you are filing a claim against falls under the federal government, the notice of claim must also be filed within six months.

What Types of Personal Injury Claims Can Be Filed Against the Government?

You can file personal injury claims against the government in a variety of situations, including but not limited to:

  • Car accidents involving government vehicles: If a government vehicle, such as a police car, fire truck, or municipal bus, causes an accident due to negligence (e.g., reckless driving, failure to follow traffic laws, or improper maintenance), you may be able to file a lawsuit.
  • Premises liability: If you are injured on government-owned property due to unsafe conditions, such as a slip and fall in a public park, courthouse, or on public sidewalks, you may be able to file a claim for negligence.
  • Medical malpractice by government healthcare providers: If you are injured by a healthcare provider employed by the government, such as a doctor at a Veterans Affairs hospital, you may have grounds for a personal injury claim.
  • Negligence of government employees: If a government employee, while performing their job, causes an accident or injury (such as a postal worker causing an accident while driving), you might be able to file a claim.
  • Injuries caused by defective government equipment: If faulty government-owned equipment causes you harm, such as unsafe roads or defective public transportation systems, you may have grounds for a lawsuit.

It’s important to note that in some cases, claims against the government will have specific rules, including caps on damages and particular procedural requirements. Before proceeding, it’s advisable to consult with an attorney experienced in government claims to ensure you follow the correct steps.

What Challenges Should I Expect When Filing a Government Personal Injury Claim?

Suing the government presents unique challenges, which can vary depending on whether the claim is against a federal, state, or local government entity. Some of the common difficulties include:

  • Sovereign immunity: The government has sovereign immunity, which means that in many cases, it cannot be sued unless it has waived this immunity. Even if you file a claim, the government may argue that it is immune from liability for the injury. The FTCA and state tort claims acts provide some exceptions to sovereign immunity, but the government still enjoys special protections.
  • Strict procedural requirements: Government claims have specific rules regarding how and when you must file your claim. For example, you may need to give notice of the injury to the relevant government agency within a short period of time, and the agency may have a specific process for reviewing and resolving claims. Failing to follow these steps can result in losing your right to file a lawsuit.
  • Damage caps: Many government claims, particularly at the state and federal levels, have caps on the amount of damages you can recover. Depending on the jurisdiction and type of claim, these caps may limit the amount you can receive for medical expenses, pain and suffering, or lost wages.
  • Government defenses: The government may have powerful legal defenses. These defenses may include claims of qualified immunity, lack of negligence, or that the injury resulted from factors outside the government’s control.
  • Longer timelines: The government often has more resources and legal teams at its disposal, meaning that the litigation process may take longer than it would in a typical personal injury case. It is crucial to be patient and persistent when pursuing a claim against the government.

Do I Need a Lawyer to File My Claim?

Given these challenges, it is essential to work with an attorney experienced in handling government-related personal injury cases. A skilled lawyer will help navigate the complexities of sovereign immunity, adhere to strict timelines, and ensure your rights are protected throughout the process.

At Shapiro, Washburn & Sharp, we have decades of experience handling personal injury claims against government entities. We understand how to navigate the legal process and work with you to maximize the value of your case. Call us at 833-997-1774 to schedule a free consultation, and let us help you get the compensation you deserve.