Imagine all the government vehicles you regularly see on Virginia’s roadways: squad cars making their rounds through neighborhoods, school buses taking children on field trips, mail trucks delivering the post, highway maintenance trucks conducting road work, and trash trucks on their way to the landfill. Each of these vehicles serves a vital public function, but they can still be involved in accidents. When they are, victims are often faced with a labyrinth of specific rules and regulations that don’t apply in traditional car accident cases.
The state government enjoys special protections outlined in a legal concept known as sovereign immunity. While sovereign immunity is no longer absolute, victims are still unable to sue the government the same way they would sue a private party. Instead, some specific procedures and rules must be followed. Every government agency has different documents that must be filled out, different deadlines to meet, and different offices to contact.
Cases involving government agencies usually move at a different pace to standard accident claims. They tend to have review boards that examine claims before they are moved forward. Many of them require you to present a detailed notice that contains specific details regarding your car accident and subsequent injuries. Missing just one small piece of this required information could result in your claim being thrown out despite its potential merits.
To speak with an experienced Virginia Beach car accident lawyer about your potential case against a government entity, call the personal injury firm of Shapiro, Washburn & Sharp today.
What Does Sovereign Immunity Mean for Personal Injury Claims in Virginia?
If you are considering filing a lawsuit against a government agency for a Virginia Beach car accident, it is important to understand how the doctrine of sovereign immunity could impact your case. At its core, the doctrine states that a government agency may not be sued or held responsible in certain scenarios unless it specifically agreed to permit legal action against it. The state has, however, enacted laws that permit injured crash victims to file claims against Virginia and its municipalities. Unfortunately, these types of claims are usually limited to specific circumstances.
The Virginia Tort Claims Act sets the foundation for bringing claims against the Commonwealth. The Act states that, for some negligence claims, such as those involving motor vehicle accidents, Virginia waives its sovereign immunity. It is, however, worth mentioning that this waiver only applies to claims brought against the government at a state level, not necessarily to country or local city governments, which will have distinct sets of regulations.
When is Suing a Government Agency Permissible?
A person negatively impacted by a government entity or an employee’s negligence is permitted to bring a suit in specific situations. Common scenarios involve misconduct or carelessness involving government-operated vehicles. If a government worker acting in the scope of their employment caused your car accident, you likely have grounds to file a lawsuit against the government agency responsible for that worker.
Another common example is when faulty road design or inadequate road maintenance by a government entity causes a car accident. In these instances, you can argue that the collision happened because the government failed to properly maintain safe driving conditions. Taking into account the complex nature of these claims, a thorough investigation will need to be conducted in order to definitively prove liability.
Why It’s Important to Follow Procedural Rules in Government Injury Claims?
If you are considering bringing a lawsuit against the government for a Virginia Beach car accident, you need to understand how vital it is that all procedural guidelines are satisfied. The act of bringing a personal injury claim against a government entity is subject to strict deadlines and numerous rules. One noteworthy aspect of these claims is the notice requirement. The Virginia Tort Claims Act states that the injured victim must give written notice of their intent to file a claim no later than one year from the day the accident occurred. This notice needs to be presented to the Attorney General or the Commonwealth’s Director of the Division of Risk Management.
Failure to meet this deadline could cost you your right to file a lawsuit against the negligent party, which is why all of your documentation must be prepared properly and filed on time. The deadline for this notice differs from the state’s personal injury statute of limitations, which extends to two years from the day of your car accident.
Are There Any Limitations on Recovery and Damages?
When filing a suit against a government agency, you need to know that your recoverable damages are capped. According to the Virginia Tort Claims Act, damages are limited to $100,000 or the policy limits of any relevant insurance policy, whichever is greater. This cap can have a huge impact on the results of your case, particularly if your damages are extremely high.
All We Do Is Injury Law
Due to the numerous rules and challenges that often accompany government lawsuits, understanding and properly executing the steps needed to file this type of lawsuit after a Virginia Beach car accident requires skillful legal guidance. Engaging the services of a trusted Virginia Beach personal injury lawyer from Shapiro, Washburn & Sharp can be beneficial. With more than a century of combined experience, our lawyers are skilled in handling claims against government agencies. We can help you manage procedural steps, uncover vital evidence, and negotiate with government representatives.
Although suing a government agency for a traffic collision suggests an elaborate legal route awash with procedural mandates, it is feasible under the right circumstances. If you were injured due to the negligence of a government entity in Virginia, understanding the stipulations of the Virginia Tort Claims Act and the sovereign immunity doctrine is integral to building a compelling case, such as the $1.6 million verdict we recently secured for a client who endured seizures as well as a traumatic brain injury after his physician missed a diagnosis.
If you or a member of your family were injured in a car accident caused by governmental oversight or negligence, we can help. To speak with an experienced Virginia Beach car accident lawyer about your case, schedule a free case review by calling us at (833) 997-1774 or by filling out our online contact form. Our offices are in Virginia Beach, Hampton, Portsmouth, and Norfolk.