8.01-195.6 - Notice of claim.
§ 8.01-195.6. Notice of claim.
A. Every claim cognizable against the Commonwealth or a transportationdistrict shall be forever barred unless the claimant or his agent, attorneyor representative 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, within one yearafter such cause of action accrued. However, if the claimant was under adisability at the time the cause of action accrued, the tolling provisions of§ 8.01-229 shall apply.
B. If the claim is against the Commonwealth, the statement shall be filedwith the Director of the Division of Risk Management or the Attorney General.If the claim is against a transportation district the statement shall befiled with the chairman of the commission of the transportation district.
C. The notice is deemed filed when it is received in the office of theofficial 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 overnight mail), or by commercial delivery service.
D. In any action contesting the filing of the notice of claim, the burden ofproof shall be on the claimant to establish receipt of the notice inconformity with this section. A signed United States mail return receiptindicating the date of delivery, or any other form of signed and datedacknowledgment of delivery given by authorized personnel in the office of theofficial with whom the statement is filed, shall be prima facie evidence offiling of the notice under this section.
E. 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; 2007, c. 368.)