A. Every claim cognizable against the Commonwealth or a transportation district shall be forever barred unless the claimant or his agent, attorney or representative has filed a written statement of the nature of the claim, which includes the time and place at which the injury is alleged to have occurred and the agency or agencies alleged to be liable, within one year after such cause of action accrued. Failure to provide such statement shall not bar a claim against the Commonwealth or a transportation district, provided that (i) for claims against the Commonwealth, the Division of Risk Management or any insurer or entity providing coverage or indemnification of the claim or the Attorney General or (ii) for claims against a transportation district, the chairman of the commission of the transportation district, had actual knowledge of the claim, which includes the nature of the claim, the time and place at which the injury is alleged to have occurred, and the agency or agencies alleged to be liable, within one year after such cause of action accrued. However, if the claimant was under a disability at the time the cause of action accrued, the tolling provisions of § 8.01-229 shall apply.
B. If the claim is against the Commonwealth, the statement shall be filed with the Director of the Division of Risk Management or the Attorney General, except as otherwise provided herein. If the claim is against a transportation district, the statement shall be filed with the chairman of the commission of the transportation district. If the claim is against the Commonwealth and the agency alleged to be liable is the Department of Transportation, then notice of such claim shall be filed with the Commissioner of Highways. If notice of such claim is filed with the Commissioner of Highways and is outside of any settlement authority delegated to the Department of Transportation by the Attorney General, then the Commissioner of Highways shall promptly deliver the notice of such claim to the Attorney General.
C. The notice is deemed filed when it is received in the office of the official to whom the notice is directed. The notice may be delivered by hand, by any form of United States mail service (including regular, certified, registered or overnight mail), or by commercial delivery service. If notice is to be filed with the Commissioner of Highways, it may also be delivered electronically in a manner prescribed by the Commissioner of Highways.
D. In any action contesting the filing of the notice of claim, the burden of proof shall be on the claimant to establish receipt of the notice in conformity with this section. A signed United States mail return receipt indicating the date of delivery, or any other form of signed and dated acknowledgment of delivery given by authorized personnel in the office of the official with whom the statement is filed, shall be prima facie evidence of filing of the notice under this section.
E. Claims against the Commonwealth involving medical malpractice shall be subject to the provisions of this article and to the provisions of Chapter 21.1 (§ 8.01-581.1 et seq.). However, the recovery in such a claim involving medical malpractice shall not exceed the limits imposed by § 8.01-195.3.
1981, c. 449; 1984, cc. 638, 698; 1986, c. 584; 1991, c. 23; 1992, c. 796; 2002, c. 207; 2007, c. 368; 2016, cc. 760, 772.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
§ 8.01-25. Survival of causes of action
§ 8.01-26. Assignment of causes of action
§ 8.01-27. Civil action on note or writing promising to pay money
§ 8.01-27.2. Civil recovery for giving bad check
§ 8.01-27.3. Evidence in actions regarding issuance of bad check
§ 8.01-27.4. Civil recovery for professional services
§ 8.01-30. Procedure in actions on contracts made by several persons
§ 8.01-31. Accounting in equity
§ 8.01-32. Action on lost evidences of debt
§ 8.01-33. Equitable relief in certain cases
§ 8.01-34. When contribution among wrongdoers enforced
§ 8.01-35. Damages for loss of income not diminished by reimbursement
§ 8.01-35.1. Effect of release or covenant not to sue in respect to liability and contribution
§ 8.01-37. Recovery of lost wages in action for injuries to emancipated infant
§ 8.01-37.1. Claims for medical services provided by United States; proof of reasonable value
§ 8.01-38. Tort liability of hospitals
§ 8.01-38.1. Limitation on recovery of punitive damages
§ 8.01-40.1. Action for injury resulting from violation of Computer Crimes Act; limitations
§ 8.01-40.2. Unsolicited transmission of advertising materials by facsimile machine
§ 8.01-40.3. Unauthorized dissemination, etc., of criminal history record information; civil action
§ 8.01-41. Wrongful distraint, attachment
§ 8.01-42. Loss or injury to clothing in dyeing, dry cleaning, or laundering
§ 8.01-42.1. Civil action for racial, religious, or ethnic harassment, violence or vandalism
§ 8.01-42.2. Liability of guest for hotel damage
§ 8.01-42.3. Civil action for stalking
§ 8.01-42.4. Civil action for trafficking in persons
§ 8.01-42.5. Civil action for female genital mutilation
§ 8.01-43. Action against parent for damage to public property by minor
§ 8.01-44. Action against parent for damage to private property by minor
§ 8.01-44.1. Immunity from civil liability of members of certain committees, etc.
§ 8.01-44.2. Action against physician for vaccine-related injury or death
§ 8.01-44.3. Divulgence of communications by qualified interpreters and communications assistants
§ 8.01-44.4. Action for shoplifting and employee theft
§ 8.01-44.5. Punitive damages for persons injured by intoxicated drivers
§ 8.01-44.6. Action for injury to cemetery property
§ 8.01-44.7. Action for tampering with metering device and diverting service
§ 8.01-45. Action for insulting words
§ 8.01-46. Justification and mitigation of damages
§ 8.01-46.2. Civil action for dissemination of intimate images to another; penalty
§ 8.01-47. Immunity of persons investigating or reporting certain incidents at schools
§ 8.01-48. Mitigation in actions against newspapers, etc.
§ 8.01-49. Defamatory statements in radio and television broadcasts
§ 8.01-49.1. Liability for defamatory material on the Internet
§ 8.01-50. Action for death by wrongful act; how and when to be brought
§ 8.01-50.1. Certification of expert witness opinion at time of service of process
§ 8.01-51. No action when deceased has compromised claim
§ 8.01-52.1. Admissibility of expressions of sympathy
§ 8.01-53. Class and beneficiaries; when determined
§ 8.01-54. Judgment to distribute recovery when verdict fails to do so
§ 8.01-55. Compromise of claim for death by wrongful act
§ 8.01-56. When right of action not to determine nor action to abate
§ 8.01-57. Liability of railroads for injury to certain employees
§ 8.01-58. Contributory negligence no bar to recovery; violation of safety appliance acts
§ 8.01-59. Assumption of risk; violation of safety appliance acts
§ 8.01-60. Contracts exempting from liability void; set-off of insurance
§ 8.01-61. Definition of "common carrier" as used in article
§ 8.01-62. Action may embrace liability under both State and federal acts
§ 8.01-63. Liability for death or injury to guest in motor vehicle
§ 8.01-64. Liability for negligence of minor
§ 8.01-65. Defense of lack of consent of owner
§ 8.01-66. Recovery of damages for loss of use of vehicle
§ 8.01-66.1. Remedy for arbitrary refusal of motor vehicle insurance claim
§ 8.01-66.2. Lien against person whose negligence causes injury
§ 8.01-66.3. Lien inferior to claim of attorney or personal representative
§ 8.01-66.5. Written notice required
§ 8.01-66.6. Liability for reasonable charges for services
§ 8.01-66.7. Hearing and disposal of claim of unreasonableness
§ 8.01-66.8. Petition to enforce lien
§ 8.01-66.9:1. Lien against recovery for medical treatment provided to prisoner
§ 8.01-66.10. Death claims settled by compromise or suit
§ 8.01-66.11. Necessity for settlement or judgment
§ 8.01-66.12. Term physician to include chiropractor
§ 8.01-67. Definitions; persons under a disability; fiduciary
§ 8.01-69. Commencement of suit; parties
§ 8.01-72. When death to abate such suit
§ 8.01-73. Guardian ad litem to be appointed
§ 8.01-74. Leases on behalf of persons under disability; new leases
§ 8.01-75. Who not to be purchaser
§ 8.01-76. How proceeds from disposition to be secured and applied; when same may be paid over
§ 8.01-77. What proceeds of sale to pass as real estate
§ 8.01-78. Alternate procedure for sale of real estate of person under disability
§ 8.01-79. Same; reference of petition to commissioner
§ 8.01-80. Same; action of court on report; application of proceeds of transaction
§ 8.01-81.1. Determination of value
§ 8.01-83. Allotment to one or more parties, or sale, in lieu of partition
§ 8.01-83.1. Open-market sale, sealed bids, or auction
§ 8.01-83.2. Notice by posting
§ 8.01-84. Application of proceeds of sale to payment of lien
§ 8.01-85. Disposition of share in proceeds of person under disability
§ 8.01-87. Validation of certain partitions prior to act of 1922
§ 8.01-88. Decree of partition to vest legal title
§ 8.01-89. When proceeds of sale deemed personal estate
§ 8.01-90. When name or share of parties unknown
§ 8.01-91. Effect of partition or sale on lessee's rights
§ 8.01-92. Allowance of attorneys' fees out of unrepresented shares
§ 8.01-93. Partition of goods, etc., by sale, if necessary
§ 8.01-94. When sold, leased or exchanged
§ 8.01-95. Procedure in such case
§ 8.01-96. Decree for sale; how made; bond of commissioner
§ 8.01-97. Delinquent taxes to be ascertained
§ 8.01-98. Sales of land when purchase price insufficient to pay taxes, etc.
§ 8.01-99. Bond required of special commissioner for sale
§ 8.01-100. Liability of clerk for false certificate or failure to give bond
§ 8.01-101. Purchasers relieved of liability for purchase money paid to such commissioner
§ 8.01-102. Purchasers not required to see to application of purchase money
§ 8.01-105. Rule against special commissioner, purchaser, etc., for judgment for amounts due
§ 8.01-106. How cause heard upon rule and judgment rendered
§ 8.01-107. Trial by jury of issues made upon rule
§ 8.01-108. When sureties of commissioner, purchaser, etc., proceeded against by rule
§ 8.01-110. Appointment of special commissioner to execute deed, etc.; effect of deed
§ 8.01-111. What such deed to show
§ 8.01-112. Reinstatement of cause to appoint special commissioner to make deed
§ 8.01-113. When title of purchaser at judicial sale not to be disturbed
§ 8.01-115. Bond required as prerequisite
§ 8.01-116. Return of property to defendant or other claimant
§ 8.01-117. Exceptions to sufficiency of bonds
§ 8.01-120. No verdict as to some items; omission of price or value
§ 8.01-122. Charges for keeping property
§ 8.01-123. Recovery of damages sustained for property withheld during appeal
§ 8.01-124. Motion for judgment in circuit court for unlawful entry or detainer
§ 8.01-125. When summons returnable to circuit court; jury
§ 8.01-128. Verdict and judgment; damages
§ 8.01-129. Appeal from judgment of general district court
§ 8.01-130. Judgment not to bar action of trespass, ejectment, or unlawful detainer
§ 8.01-130.01. Unlawful detainer; expungement
§ 8.01-130.1. Remedy for rent and for use and occupation
§ 8.01-130.2. Who may recover rent or compensation
§ 8.01-130.3. Who is liable for rent
§ 8.01-130.4. When and by whom distress made
§ 8.01-130.5. Procedure for trial on warrant in distress
§ 8.01-130.8. Review of decision to issue ex parte order or process; claim of exemption
§ 8.01-130.10. When goods of a sublessee may be removed from leased premises
§ 8.01-130.11. When officer may enter by force to levy distress or attachment
§ 8.01-130.12. When distress not unlawful because of irregularity, etc.
§ 8.01-130.13. Return of execution; process of sale thereunder
§ 8.01-131. Action of ejectment retained; when and by whom brought
§ 8.01-132. What interest and right plaintiff must have
§ 8.01-133. Who shall be defendants; when and how landlord may defend
§ 8.01-134. How action commenced and prosecuted
§ 8.01-135. What is to be stated in motion for judgment
§ 8.01-136. How premises described
§ 8.01-137. Plaintiff to state how he claims
§ 8.01-138. There may be several counts and several plaintiffs
§ 8.01-139. What proof by plaintiff is sufficient
§ 8.01-140. Effect of reservation in deed; burden of proof
§ 8.01-141. When action by cotenants, etc., against cotenants, what plaintiff to prove
§ 8.01-142. Verdict when action against several defendants
§ 8.01-143. When there may be several judgments against defendants
§ 8.01-144. Recovery of part of premises claimed
§ 8.01-145. When possession of part not possession of whole
§ 8.01-146. When vendee, etc., entitled to conveyance of legal title, vendor cannot recover
§ 8.01-147. When mortgagee or trustee not to recover
§ 8.01-148. Right of defendant to resort to equity not affected
§ 8.01-149. Verdict when jury finds for plaintiffs or any of them
§ 8.01-150. Verdict when any plaintiff has no right
§ 8.01-151. How verdict to specify premises recovered
§ 8.01-152. How verdict to specify undivided interest or share
§ 8.01-153. Verdict to specify estate of plaintiff
§ 8.01-154. When right of plaintiff expires before trial, what judgment entered
§ 8.01-155. How judgment for plaintiff entered
§ 8.01-158. How claim of plaintiff for profits and damages assessed
§ 8.01-159. When court to assess damages
§ 8.01-160. Defendant to give notice of claim for improvements
§ 8.01-162. Postponement of assessment and allowance
§ 8.01-163. Judgment to be conclusive
§ 8.01-164. Recovery of mesne profits, etc., not affected
§ 8.01-165. Writ of right, etc., abolished
§ 8.01-166. How defendant may apply therefor, and have judgment suspended
§ 8.01-167. How damages of plaintiff assessed
§ 8.01-169. How value of improvements determined in favor of defendant
§ 8.01-170. If allowance for improvements exceed damages, what to be done
§ 8.01-171. Verdict for balance, after offsetting damages against improvements
§ 8.01-172. Balance for defendant a lien on the land
§ 8.01-173. How tenant for life, paying for improvements, reimbursed
§ 8.01-174. Exception as to mortgagees and trustees
§ 8.01-176. How payment of such value to be made by defendant; when land sold therefor
§ 8.01-177. When such value to be deemed real estate
§ 8.01-178. When and how defendant, if evicted, may recover from plaintiff amount paid
§ 8.01-178.1. Waste; who is liable
§ 8.01-178.2. Civil action for waste; double damages
§ 8.01-178.3. Waste for tenant to sell or remove manure from leased premises
§ 8.01-178.4. Waste committed during pendency of action
§ 8.01-179. Motion for judgment to establish boundary lines
§ 8.01-180. Parties defendant; pleadings
§ 8.01-182. Claims to rents, etc., not considered
§ 8.01-183. Recordation and effect of judgment
§ 8.01-184. Power to issue declaratory judgments
§ 8.01-184.1. Declaratory judgment to adjudicate constitutional nexus
§ 8.01-191. Construction of article
§ 8.01-192. How claims to be prosecuted
§ 8.01-193. Defense and hearing
§ 8.01-194. Jury may be impaneled; judgment
§ 8.01-195. No judgment to be paid without special appropriation
§ 8.01-195.3. Commonwealth, transportation district or locality liable for damages in certain cases
§ 8.01-195.5. Settlement of certain cases
§ 8.01-195.7. Statute of limitations
§ 8.01-195.8. Release of further claims
§ 8.01-195.9. Claims evaluation program
§ 8.01-195.10. Purpose; action by the General Assembly required; definitions
§ 8.01-195.11. Compensation for wrongful incarceration
§ 8.01-195.12. Conditions for continued compensation
§ 8.01-195.13. Compensation for certain intentional acts
§ 8.01-196. Comptroller to institute proceedings
§ 8.01-197. In what name; when not to abate
§ 8.01-198. Action, against whom instituted
§ 8.01-199. Judgment, nature of
§ 8.01-200. Mistakes against State corrected
§ 8.01-201. Execution; real estate to be sold
§ 8.01-202. Execution, to whom issued
§ 8.01-203. Goods and chattels liable before real estate
§ 8.01-204. Notice of sale of real estate; when sale to be made
§ 8.01-207. Who to collect purchase money and make deed; disposition of proceeds of sale
§ 8.01-208. When successor of officer to make deed
§ 8.01-209. Bond for purchase money to have force of judgment
§ 8.01-210. Judgment against deceased obligors
§ 8.01-211. When venditioni exponas issued to sheriff of adjacent county; what to contain
§ 8.01-212. Officer to deliver to sheriff goods and chattels levied on
§ 8.01-213. Where same to be sold
§ 8.01-214. Where real estate to be sold
§ 8.01-215. Return of officer when sale not made because of prior encumbrance
§ 8.01-216. Comptroller's power to adjust old claims
§ 8.01-216.3. False claims; civil penalty
§ 8.01-216.4. Attorney General; investigation, civil action
§ 8.01-216.5. Civil actions filed by private persons; Commonwealth may intervene
§ 8.01-216.6. Rights of private plaintiff and Commonwealth
§ 8.01-216.7. Award to private plaintiff
§ 8.01-216.9. Procedure; statute of limitations
§ 8.01-216.10. Civil investigative demands; issuance; sharing information
§ 8.01-216.11. Civil investigative demands; contents and deadlines
§ 8.01-216.12. Civil investigative demands; protected material or information
§ 8.01-216.13. Civil investigative demands; service and jurisdiction
§ 8.01-216.14. Civil investigative demands; documentary material
§ 8.01-216.15. Civil investigative demands; interrogatories
§ 8.01-216.16. Civil investigative demands; oral examinations
§ 8.01-216.17. Civil investigative demands; custodian of documents; answers
§ 8.01-216.18. Civil investigative demands; judicial proceedings for noncompliance
§ 8.01-216.19. Application of the Rules of the Supreme Court
§ 8.01-217. How name of person may be changed
§ 8.01-218. Replevin abolished
§ 8.01-219. Effect of judgment in trover
§ 8.01-219.1. Responsibility of possessor of real property for harm to trespasser
§ 8.01-220.1:2. Civil immunity for teachers under certain circumstances
§ 8.01-220.1:3. Immunity for members of church, synagogue or religious body
§ 8.01-220.1:4. Civil immunity for officers and directors of certain nonprofit organizations
§ 8.01-220.1:5. Defense of intra-family immunity abolished for wrongful death actions
§ 8.01-220.2. Spousal liability for medical care
§ 8.01-221. Damages from violation of statute, remedy therefor and penalty
§ 8.01-221.1. Unestablished business damages; lost profits
§ 8.01-221.2. Rescission; undue influence; attorney fees
§ 8.01-223. Lack of privity no defense in certain cases
§ 8.01-223.1. Use of constitutional rights
§ 8.01-225. Persons rendering emergency care, obstetrical services exempt from liability
§ 8.01-225.02. Certain liability protection for health care providers during disasters
§ 8.01-225.1. Immunity for team physicians
§ 8.01-225.2. Immunity for those rendering emergency care to animals
§ 8.01-225.3. Immunity for volunteer first responders en route to an emergency
§ 8.01-226. Duty of care to law-enforcement officers, firefighters, etc.
§ 8.01-226.1. Civil immunity when participating in Lawyers Helping Lawyers
§ 8.01-226.4. Civil immunity for hospice volunteers
§ 8.01-226.5. Immunity for installers and inspectors of child restraint devices
§ 8.01-226.10. Civil immunity for causing the arrest of a person for a bad check
§ 8.01-226.11. Civil immunity for operation of victim notification program
§ 8.01-226.12. Duty of landlord and managing agent with respect to visible mold
§ 8.01-226.13. Limited standing to seek injunctive relief against manufacturing companies
§ 8.01-227. Remedy by motion on certain bonds given or taken by officers; notice
§ 8.01-227.7. Statute of limitations
§ 8.01-227.9. Civil immunity for space flight entities
§ 8.01-227.10. Warning required
§ 8.01-227.12. Warnings and other winter sports area operator requirements
§ 8.01-227.13. Winter sports area trail maps
§ 8.01-227.14. Freestyle terrain
§ 8.01-227.15. Winter sports area vehicles
§ 8.01-227.16. Passenger tramways
§ 8.01-227.19. Assumption of risks
§ 8.01-227.20. Liability of winter sports area operator
§ 8.01-227.21. Common law regarding minors
§ 8.01-227.22. Failure to fulfill duty or responsibility not negligence per se