When someone gets hurt because of a government employee, or because a city, county, state, or even federal agency made a mistake, there’s a natural question everyone asks:
Can I even sue the government?
Most people assume the answer is no.
They think the government is completely protected.
They think it’s impossible.
That’s not true.
You can sue the government in Virginia BUT the rules are different. If you don’t follow those rules exactly, your case can disappear before it even begins.
I’m Brandon Osterbind, a personal injury lawyer here in central Virginia. Our firm has helped hundreds of people recover damages from insurance companies, including those protecting government entities. Let’s walk through how government claims actually work and the traps that cause most people to lose their rights before they ever talk to a lawyer.
The Big Picture: Sovereign Immunity
Both Virginia and the United States operate under a doctrine called sovereign immunity.
Sovereign immunity means the government cannot be sued unless it specifically allows itself to be sued.
That sounds absolute, but here’s the important part:
The government has allowed certain types of claims.
It just requires you to follow very specific procedures.
Suing the Commonwealth of Virginia
If your injury involves a state agency or state employee, your claim is governed by the:
Virginia Tort Claims Act
Under this statute, the Commonwealth waives sovereign immunity for certain negligence claims.
But there’s a major catch.
The One-Year Notice Requirement
Under Virginia Code § 8.01-195.6, you must provide written notice of your claim within one year of the date of injury.
Not two years or when you finish treatment.
Not even when you decide you’re ready.
One year.
The notice must:
- Be in writing
- Contain specific information
- Be sent to the proper state officials
If that notice is not sent correctly and on time, the state can dismiss your claim entirely — even if liability is clear.
Suing Cities, Counties, and Towns in Virginia
Claims against local governments are similar, but not identical.
Most claims against cities, counties, and towns fall under:
Virginia Code § 15.2-209
This statute requires written notice to the locality within six months of the injury.
Six months.
That’s half the time most people assume they have.
The notice must generally:
- Describe the time and place of the injury
- Outline the nature of the claim
- Be delivered to the correct local official
If you miss that six-month notice requirement, your claim is often permanently barred.
And here’s the reality: local government insurers know this. They know many people don’t understand these deadlines.
Suing the Federal Government
If your injury was caused by a federal employee, such as:
- A USPS driver
- A VA hospital employee
- A federal law enforcement officer
- A military-related driver
Then your claim falls under the:
Federal Tort Claims Act (FTCA)
The process is different again.
Before you can ever file a lawsuit in court, you must:
- File an administrative claim (using Standard Form 95)
- Submit it to the correct federal agency
- Do so within two years of the injury
Only after the agency has had the opportunity to respond (or six months pass without resolution) can you file a lawsuit.
If you skip the administrative claim step?
Case dismissed.
Why These Deadlines Are So Dangerous
In a regular Virginia personal injury case, you generally have:
Two years under Virginia Code § 8.01-243
But government cases often shorten that window dramatically.
You may have:
- 6 months (local government notice)
- 1 year (state government notice)
- 2 years with required administrative filings (federal claims)
And here’s what makes it worse:
Many people spend the first several months:
- Treating injuries
- Trying to recover
- Waiting to see how they feel
- Assuming they have “plenty of time”
By the time they realize the defendant is a government entity, the notice deadline may already have passed.
Once that deadline passes, courts typically cannot revive the claim — no matter how severe the injury.
Three Critical Takeaways
1. Don’t Assume the Government Can’t Be Sued
There are paths forward.
Sovereign immunity does not mean absolute immunity. But it does mean procedural traps.
2. Don’t Wait
Government cases run on fast, unforgiving timelines.
Six months.
One year.
Strict filing requirements.
Missing those deadlines usually ends the case permanently.
3. Talk to a Lawyer Early
Government cases are not DIY cases.
They involve:
- Statutory notice requirements
- Proper agency identification
- Technical compliance
- Different damage rules
- Strict procedural steps
A lawyer who handles injury claims can determine:
- Which statute applies
- What notice must be sent
- Where it must be sent
- When it must be sent
Final Thoughts
If you were injured by someone working for the government — at any level — you may have a valid claim.
But your rights come with short and strict deadlines.
If you’re unsure whether your case involves:
- A city employee
- A county worker
- A school system
- A state agency
- A federal employee
Because in government cases, timing is everything.
