Losing someone you love because of someone else’s negligence is one of the hardest things you’ll ever face. When that someone else happens to be a government employee or agency, everything gets more complicated. Virginia law allows wrongful death lawsuits against government entities, but you’re going to face obstacles that just don’t exist when you’re suing a private person or company.
Understanding Sovereign Immunity In Virginia
Government entities operate under something called sovereign immunity. Think of it as a legal shield that protects federal, state, and local governments from lawsuits unless they specifically agree to let you sue them. Virginia has carved out some exceptions through the Virginia Tort Claims Act. This law creates a pathway for certain injury and death claims against the Commonwealth and its employees. But the pathway is narrow.
The immunity doesn’t protect everything. When government employees act negligently while performing their job duties, you might have grounds for a case. The problem is that Virginia draws a line between discretionary functions and ministerial duties. Where your case falls on that line determines whether you can move forward at all.
Common Government Entity Wrongful Death Cases
Most government liability cases I see involve pretty specific scenarios. Your loved one might have died because of:
- A city bus driver who caused a collision
- Police vehicle accidents during pursuits or routine patrols
- Dangerous road conditions that the state or county failed to fix
- Inadequate supervision at a public school or park
- Medical malpractice at a government-run hospital
- Child protective services are failing to prevent abuse when they know about it
Each situation brings its own legal questions about duty and negligence.
When Government Immunity Doesn’t Apply
An Alexandria wrongful death lawyer can look at what happened to your family member and figure out whether your situation falls into one of those narrow exceptions. Not every government action gets protected, but determining which ones allow for legal action takes careful analysis of both state and federal law.
Strict Notice Requirements You Cannot Miss
Virginia gives you six months from the date of death to provide written notice to the government entity. Not six months to file a lawsuit. Six months to send them a formal notice that you intend to file a claim. Miss that deadline, and your case is over before it starts. Doesn’t matter how strong your evidence is or how clearly negligent the government was.
The notice itself has to include specific information. What happened, when it happened, what injuries occurred, who’s making the claim, and how much compensation you’re seeking. Different levels of government have different procedures, too. Federal claims follow the Federal Tort Claims Act. State and local claims in Virginia follow the Virginia Tort Claims Act.
Damage Caps And Compensation Limits
Let’s say you do everything right. You meet the notice deadline, you prove negligence, you win your case. There’s still a cap on what you can recover. The Virginia Tort Claims Act limits damages to $100,000 per claim. That’s it. Doesn’t matter if your medical bills alone exceeded that amount. Doesn’t matter if you lost the primary breadwinner for your family. The cap applies to everything: medical expenses, funeral costs, lost wages, and pain and suffering. Private wrongful death cases don’t have this restriction. But when you’re suing the government, $100,000 is the ceiling.
Proving Negligence Against Government Defendants
Government entities fight hard. They have experienced attorneys and deep pockets. You’ll need solid evidence showing that a government employee breached their duty of care and that breach directly caused your loved one’s death. Documentation matters tremendously in these cases. Police reports, witness statements, maintenance records, personnel files, training documents, expert testimony. You need all of it. And government agencies will often raise qualified immunity defenses for individual employees, which creates another hurdle to overcome.
Getting The Legal Help You Need
When you work with Blaszkow Legal, PLLC, you get someone who knows how these cases actually work. The administrative procedures, the statutory requirements, and the litigation strategies that apply specifically to government liability claims. This isn’t the kind of case you want to handle on your own.
That six-month deadline comes up fast. Especially when you’re dealing with grief and trying to keep your family together. An Alexandria wrongful death lawyer takes care of the notice requirements, starts gathering evidence right away, and handles communications with government attorneys while you focus on what matters most: your family. Getting legal help early gives you the best chance at holding the responsible parties accountable and securing the compensation your family needs. Contact us today to discuss your case.
