Hit by a city bus, hurt on a crumbling sidewalk, or injured in a crash with a state-owned vehicle, your claim can run into a wall called sovereign immunity. People across Virginia, Maryland, and D.C. face this problem, and it can feel like the rules change with every block. The truth is, the law does treat government cases differently, and the smallest filing mistake can sink a strong claim.
At Johnnie Bond Law, we work closely with you, explain each step, and keep the phone lines open. Our focus is on your health first, then full and fair compensation. Johnnie started in corporate law, handling hospital mergers, then shifted to personal injury to make a bigger impact for real people.
Sovereign Immunity: An Overview
Sovereign immunity is a rule that shields the government from certain lawsuits. It started in English common law and became part of Virginia law. Courts and lawmakers have trimmed it over time, but it still shapes many injury cases, including car crashes, falls, and medical care at state facilities.
The doctrine covers the Commonwealth, local governments, agencies, and many employees. That protection is not the same in every setting, and some claims can still move forward. Statutes like the Virginia Tort Claims Act create openings, but strict procedures apply.
Who Is Protected by Sovereign Immunity in Virginia?
Protection depends on who you sue and what they are doing. Your case can look very different if the defendant is a state agency, a county, a city, or an individual employee. Here is how the categories usually break down in Virginia.
The Commonwealth and Its Agencies
The Commonwealth and its agencies carry broad protection unless lawmakers clearly allow a suit. The Virginia Tort Claims Act, called the VTCA, creates a limited path to sue the state, with strict notice rules and a damages cap. Agencies include departments, divisions, mental health institutions, and state universities.
These cases often turn on deadlines and correct notice. Miss the notice target or send it to the wrong office, and the case can be dismissed. Careful early work keeps the doors open.
Government immunity also shows up in everyday injury settings. You can run into it in the following situations:
- Auto, truck, or bus crashes involving state or local vehicles.
- Slip or trip incidents on public property or in government buildings.
- School bus collisions or injuries tied to school operations.
- Medical care at state hospitals or clinics.
- Maintenance failures on roads, sidewalks, or public facilities.
If your incident falls in one of these buckets, timing and precise notice matter even more.
Counties
Counties generally hold the same level of protection as the Commonwealth. The VTCA does not waive immunity for counties, so the limited state waiver does not apply to them. That difference can change your legal options and your strategy.
Claims against counties often focus on whether the activity was governmental or something else created by statute. Early analysis helps set a path that matches the law and the facts.
Cities and Towns
Cities and towns do not have the same broad shield that counties and the state enjoy. Courts split their actions into two buckets. Governmental functions are protected, while proprietary functions are not.
Governmental functions include the police force, emergency services, and public safety decisions. Proprietary functions include tasks like routine maintenance of sidewalks, streets, and some utility work. If a city fails to fix a known sidewalk hazard, that tends to land on the proprietary side.
| Entity | Immunity Status | Examples | Notice Deadline | Where to Send | Damages Cap |
| Commonwealth and State Agencies | Limited waiver under VTCA | State universities, state hospitals, VDOT | 1 year | Director, Division of Risk Management, or Attorney General | $100,000 or applicable insurance, whichever is higher |
| Counties | Broad immunity | County departments, county public works | 6 months | County attorney or chief executive | No VTCA cap |
| Cities and Towns | Governmental vs proprietary split | Police, fire, sidewalk maintenance | 6 months | City or town attorney, or mayor | No VTCA cap |
| School Boards | Limited waiver for school buses to extent of insurance | School bus collisions | Often 6 months under local rules | Board counsel or designated official | Up to insurance limits |
| Government Employees | Conditional immunity | Drivers, maintenance crews, nurses | Varies by who is sued | Depends on employer | Varies |
This chart is a quick guide, not a final answer. Your claim can sit in more than one box at a time, and the right box controls your next steps.
Government Employees
Individual employees can be protected when acting within the scope of their job. Courts use the James Test to decide if the shield applies. The test looks at the nature of the function, how strong the government’s interest is, the degree of control by the employer, and the level of judgment or discretion involved.
If an employee exercises a lot of judgment on a public task, immunity can follow. If the job is ministerial, like following a set checklist, the shield can be weaker. Facts on the ground decide it.
Exceptions to Sovereign Immunity in Virginia
Immunity is not a get-out-of-court pass for every case. Several openings allow injured people to recover. These exceptions need careful proof and timely filing.
Virginia Tort Claims Act (VTCA)
The VTCA waives state immunity up to $100,000 or the limits of applicable insurance, whichever is higher. It creates a process for claims against the Commonwealth and its agencies. The VTCA does not waive immunity for counties, cities, school boards, and similar bodies.
Notice under the VTCA must include clear details. A useful checklist looks like this:
- Time and place of the incident.
- Name of the state agency or employee involved, if known.
- Brief description of what happened and the injuries.
- Your contact information.
- Statement that you seek damages under the VTCA.
Getting these points into the right hands on time is vital. The notice is not a full complaint, but it must be accurate.
School Boards
Virginia law provides a limited waiver for school buses, up to the amount of liability insurance purchased. That means coverage can pay your losses if a school bus driver causes a crash. The cap is tied to the insurance limits, not the VTCA number.
Deadlines can track local claim rules, often six months, so act fast. Early witness work helps preserve proof like bus video and GPS data.
Gross Negligence, Willful Misconduct, and Actions Outside the Scope of Employment
Immunity does not cover gross negligence, willful and wanton conduct, intentional torts, or criminal acts. If a government worker steps outside the job’s scope, the shield drops. These cases turn on facts, including training, orders, and whether the act served the employer.
Even in tough cases, strong facts can open the door to a full recovery. Statements, photos, and prompt medical care all help.
Notice Requirements and Statutes of Limitations
Virginia has short notice windows that run quickly after an injury. Missing a notice deadline can end a case before it starts. Track these dates from day one.
Virginia Tort Claims Act (VTCA)
You must file a written statement of the claim within one year of the date the claim accrues. Send it to the Director of the Division of Risk Management or to the Attorney General. Keep proof of mailing and delivery, and keep a copy of everything you send.
The notice requirement is separate from the deadline to file a lawsuit. Do not assume one filing covers both. A calendar with backup reminders is your friend here.
Claims Against Counties, Cities, and Towns
For local governments, you must provide written notice within six months of the incident. File it with the county, city, or town attorney, the chief executive, or the mayor. Each locality can have small variations in who receives it, so confirm the correct office before you send it.
A short, clear letter with dates, locations, and your injuries usually does the job. Add photos if available, and keep a mailing receipt. Early filing leaves room to correct any hiccups.
Strategies for Addressing the Sovereign Immunity Defense
A strong plan starts early. Build the record, confirm who owns the vehicle or property, and track notice deadlines with care. Keep medical treatment organized, and save every bill and record.
- Investigate the scene quickly to confirm whether a state or local entity is involved.
- Identify the person who caused the harm and their employer right away.
- Check if a statutory notice is required, then send a complete notice on time to the correct office.
- Assess exceptions, including gross negligence or acts outside the scope of employment.
- If the defense raises a plea of sovereign immunity, use discovery to test the James factors and expose gaps.
If you are unsure who to notify, send timely notices to every possible recipient while you sort it out. It is safer to give more notice than to miss a hard deadline. Precision and speed go hand in hand here.
Were You Injured in Virginia? Contact Us for Assistance
We build cases with care and push for full medical recovery before we talk settlement numbers. Our firm keeps you updated, answers your questions, and fights for fair results in claims blocked by sovereign immunity rules. If you want direct help with your case, reach out today.
Feel free to call us at (202) 683-6803 or send a message through our Contact Us page. We welcome your questions, and we are ready to talk through timelines, notice letters, and the best path forward. Let us help you move from confusion to a clear plan that fits your situation.