2006 Code of Virginia § 8.01-195.6 - Notice of claim

8.01-195.6. Notice of claim.

Every claim cognizable against the Commonwealth or a transportation districtshall be forever barred unless the claimant or his agent, attorney orrepresentative has filed a written statement of the nature of the claim,which includes the time and place at which the injury is alleged to haveoccurred and the agency or agencies alleged to be liable. The statement shallbe filed with the Director of the Division of Risk Management or the AttorneyGeneral within one year after such cause of action accrued if the claim isagainst the Commonwealth. If the claim is against a transportation districtthe statement shall be filed with the chairman of the commission of thetransportation district within one year after the cause of action accrued.However, if the claimant was under a disability at the time the cause ofaction accrued, the tolling provisions of 8.01-229 shall apply. Theclaimant or his agent, attorney or representative shall, in a claimcognizable against the Commonwealth, mail the notice of claim via the UnitedStates Postal Service by certified mail, return receipt requested, addressedto the Director of the Division of Risk Management or the Attorney General inRichmond. The notice, in a claim cognizable against a transportationdistrict, shall be mailed via the United States Postal Service by certifiedmail, return receipt requested, addressed to the chairman of the commissionof the transportation district.

In any action contesting the filing of the notice of claim, the burden ofproof shall be on the claimant to establish mailing and receipt of the noticein conformity with this section. The signed return receipt indicatingdelivery to the Director of the Division of Risk Management, the AttorneyGeneral, or the chairman of the commission of the transportation district,when admitted into evidence, shall be prima facie evidence of filing of thenotice under this section. The notice shall be deemed to be timely filed ifit is sent by certified mail, return receipt requested, and if the officialreceipt for the notice shows the mailing was within the prescribed timelimits.

Claims against the Commonwealth involving medical malpractice shall besubject to the provisions of this article and to the provisions of Chapter21.1 ( 8.01-581.1 et seq.) of this title. However, the recovery in such aclaim 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.)