19.3 Virginia Tort Claims Act

• Library: Virginia Law and Practice: A Handbook for Attorneys (Virginia CLE) (2020 Ed.)

19.3 VIRGINIA TORT CLAIMS ACT ⁶³

19.301 Exclusions. Exclusions from the Virginia Tort Claims Act (VTCA) include (i) an act or omission that occurred before July 1, 1982; ⁶⁴ (ii) acts or omissions that occurred before July 1, 1986 involving a transportation district; ⁶⁵ (iii) claims against the General Assembly or district commission of a transportation district; ⁶⁶ (iv) acts by any court; ⁶⁷ (v) acts of a government agency based on a court order; ⁶⁸ (vi) acts of any institution prosecuting

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a judicial or administrative proceeding; ⁶⁹ (vii) acts done to collect taxes; ⁷⁰ and (viii) claims of inmates where the administrative process was not exhausted. ⁷¹

19.302 Jurisdiction. ⁷² General district courts have exclusive original jurisdiction to hear, determine, and render judgments against the Commonwealth or transportation districts when the amount of the claim does not exceed $4,500. General district courts and circuit courts have concurrent jurisdiction when the amount exceeds $4,500 but does not exceed $25,000. Circuit courts have exclusive jurisdiction in cases where the amount in controversy exceeds $25,000.

Where a matter is pending in either the general district court or the circuit court, upon motion of the plaintiff seeking to amend the amount of the claim, the court shall order transfer of the matter to the court having jurisdiction over the claim without requiring a dismissal of the claim or a nonsuit. Where the amended claim provides the general district court and the circuit court with concurrent jurisdiction, the court shall transfer the matter to either the general district court or the circuit court, as directed by the plaintiff, provided that the court otherwise has jurisdiction over the matter. ⁷³

19.303 Right to Jury Trial. The parties to any action under the VTCA are entitled to a trial by jury. ⁷⁴

19.304 Notice of Claim.

A. Filing. In actions against the Commonwealth, notice of claim must be filed with the Director of the Division of Risk Management or the Attorney General within one year from the time the action accrued. ⁷⁵ 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 over-night),

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or by commercial delivery service. ⁷⁶ There is no bar to a claim where the Commonwealth or transportation district had actual knowledge of the claim.

B. Contents. The notice of claim must contain a written statement of the nature of the claim, including the time and place of the injury and the agency or agencies liable. ⁷⁷ The...