A government claim notice in Virginia is a written statement of an injury claim that must be delivered to the responsible public body within a short, fixed period after the injury: generally six months for a county, city or town under Va. Code § 15.2-209, and one year for the Commonwealth under the Virginia Tort Claims Act, Va. Code § 8.01-195.6. The notice is a separate requirement from the lawsuit deadline, and it comes first.
Blank Kim Injury Law handles injury claims across Northern Virginia from our Fairfax office on Chain Bridge Road, including claims involving public vehicles, public property and public employees. Attorney Robert Kim speaks Korean, and our paralegal team speaks Spanish.
Notice deadlines by type of government
Which rule applies depends on which public body is responsible. The table sets out the general rules.
| Who is responsible | First requirement | Source |
|---|---|---|
| A Virginia county, city or town | Written notice generally within six months | Va. Code § 15.2-209 |
| The Commonwealth (state agencies) | Written notice within one year; recovery limited by the Act | Va. Code § 8.01-195.6 |
| The United States (federal agencies and employees) | Administrative claim within two years; suit after denial or six months without decision | 28 U.S.C. § 2401(b) and § 2675 |
| Metro (WMATA) | Interstate compact rules; immunity for governmental functions, tort claims allowed for others | WMATA Compact |
| A private company, even one with a government contract | Ordinary two-year lawsuit deadline | Va. Code § 8.01-243(A) |
The notice deadlines above do not replace the statute of limitations. Once notice is given, the lawsuit still has to be filed on time. See the Virginia statute of limitations guide.
Common injuries that involve a government in Northern Virginia
Many people do not realize a government is involved until an adjuster tells them so. Situations that often trigger a notice rule include:
- A crash with a county police cruiser, fire engine, public works truck or other local government vehicle
- A collision with a public bus. See bus accident claims.
- A school bus accident, whether you were in the bus, another car or on foot
- A crash caused by a pothole or road defect on a road maintained by a public body
- A fall at a public library, recreation center, park or government office
- A crash with a Virginia State Police or other state-owned vehicle
- An injury on a Metro train, bus or station platform in Virginia. See Metro accident claims.
- An injury caused by a federal employee, such as a postal vehicle crash. See Federal Tort Claims Act claims.
Responsibility is not always obvious. A road in Fairfax County can be maintained by the state rather than the county, and a school board, a regional authority and a town are different bodies with different rules. Identifying the right public body is the first job.
What a notice of claim does
A notice of claim tells the government that an injury happened, where and when, and that a claim is being made, so it can investigate while the evidence is fresh. The statutes specify what the notice must contain, who must receive it and how it must be delivered. Those details are strict, and a notice sent to the wrong office or missing required information can create a defense.
Three points are worth knowing:
- It must be written. A phone call to a county office, a conversation with a police officer or an email exchange with an insurance adjuster is not the written notice the statutes describe.
- The police report is not notice. An accident report documents a crash; it is not a claim against the government.
- It is due even while you are treating. The deadline runs whether or not you know the full extent of your injuries.
We prepare and deliver the notice so that it meets the statute’s requirements, and we keep proof of delivery.
Immunity and limits on government claims
Giving notice keeps a claim alive, but it does not decide whether the government can be held responsible. Virginia local governments have immunity for many governmental functions, and the Virginia Tort Claims Act limits the amount recoverable from the Commonwealth.
Whether an activity is protected by immunity depends on what the government was doing and who did it. The same crash can raise different questions for the public body and for the employee who was driving. We look at every possible defendant, including private contractors who maintain roads, operate services or build projects for a government, because those companies do not share the government’s notice rules or immunity.
Virginia’s other injury rules still apply. The contributory negligence defense is available to public defendants as it is to private ones. See Virginia contributory negligence.
Federal and Metro claims follow their own rules
Northern Virginia has an unusual number of federal and regional public bodies. Two sets of rules come up often:
- Federal Tort Claims Act. A claim against the United States for an injury caused by a federal employee is presented first to the responsible agency, in writing, within two years under 28 U.S.C. § 2401(b). A lawsuit follows only after the agency denies the claim or six months pass without a decision, under 28 U.S.C. § 2675.
- WMATA. Metro is an interstate compact agency. The compact keeps immunity for governmental functions and allows tort claims for others, so which activity caused the injury matters.
Both have procedures that differ from an ordinary Virginia claim, and both are handled differently from a claim against a county or the state.
What to do if a government may be responsible
- Write down the date, time and exact location of the injury, and any vehicle or unit number you saw.
- Photograph the scene, the vehicle markings, the road defect or the hazard.
- Get the police report number and the names of any officers or employees involved.
- Get medical care, and keep every bill and record.
- Talk to a lawyer well before six months have passed, so there is time to identify the public body and prepare the notice.
Our Fairfax office is on Chain Bridge Road near the Fairfax County courts, and we take calls 24 hours a day.
