Virginia Torts Claims Act

Question 1

Virginia Tort Claims Act waives:

Answer 1

the immunity of the Commonwealth for certain torts committed by state employees (Suit filed against the Commonwealth, not the employee - employee is IMMUNE)

Question 2

Standard: The Commonwealth will be liable for:

Answer 2

actions of its employees
IF a private person would have been liable for the same injury
Employee must have been acting WITHIN the scope of her employment

Question 3

Limitations: Compensatory damages

Answer 3

$25,000 before JULY 1 1988 (pal pal)
$75,000 ON or AFTER July 1 1988
*** $100,000 On or AFTER July 1 1993

Question 4

Limitations: Punitive Damages

Answer 4

Not allowed

Question 5

Claims against legislators or judicial officers

Answer 5

Categorically barred

Question 6

Claims by prisoners

Answer 6

Okay but prisoners must have first exhausted administrative remedies

Question 7

Timeliness Limit - A potential plaintiff must first:

Answer 7

Serve notice on the Commonwealth

within 1 year of the accident

Question 8

If the state refuses to pay the claim, or fails to respond within 6 months,

Answer 8

the injured party may bring suit. All claims must be filed within 18 months of the service of notice.

Question 9

Where damages from a breach of note or contract are clear from the face of the agreement, a P may file a motion for judgment or civil warrant in the General District Court, and serve on the D an affidavit stating P’s claims. The D may appear and contest P’s claim; if D fails to appear, the court will issue judgment for P.