Virginia §1983 Wrongful Death – a Lawyer’s Notice
On November 7, 2008, Avery T. “Sandy” Waterman, Jr., Esq. provided Virginia’s Attorney General and its Division of Risk Management Director notice of alleged wrongful death. The Virginia State Police shot to death an arrestee escaping by vehicle on November 18, 2007, for which the administratrix of the victim’s estate is making a claim under 42 U.S.C. §1983 for alleged use of excessive (deadly) force.
Under common law, the sovereign – in this case, the state – enjoys immunity from suit for wrongful death and personal injuries. But in Virginia, that harsh rule of sovereign immunity has been relaxed a bit by statute. See, Va. Code Ann. §8.01-195.1, et seq.
Enacted in 1981, the Virginia Tort Claims Act (“VTCA”) permits certain wrongful death, personal injury and property damages claims against the Commonwealth. Currently, however, the VTCA maximum amount of recovery is $100,000.00, regardless the actual amount of damages suffered by the victim.
But the key prerequisite to filing suit for wrongful death, personal injury and/or property damages is first providing a very specific notice to the appropriate governmental officials within one year of the casualty. Otherwise, the victim’s claim is barred forever, regardless its merits. See, §8.01-195.6.
