Who handles Arlington cases at our firm?
Founding partners Ryan C. Posey and Jacob M. Lebowitz are admitted in Virginia, Maryland, and D.C., and they handle our Virginia cases from the first call through trial. Many Arlington clients live in Virginia and work in the District, so which law applies is a frequent question.
Our office is in Georgetown, at 3221 M Street NW in Washington, D.C., a few blocks from the Key Bridge and a short drive from Rosslyn. We do not have an office in Virginia. We meet clients by phone or video, at their home or in the hospital when that is easier, and we appear in Maryland and Virginia courts.
Where is an Arlington injury lawsuit filed?
An injury case from an Arlington crash or fall can be filed in Arlington because that is where the cause of action arose (Va. Code § 8.01-262(4)). Serious cases go to the Arlington County Circuit Court at 1425 North Courthouse Road. Arlington County and the City of Falls Church together make up Virginia's Seventeenth Judicial Circuit (Va. Code § 17.1-506).
The Arlington General District Court hears smaller injury claims. It has exclusive jurisdiction up to $4,500 and shares jurisdiction with the Circuit Court for claims over $4,500 up to $50,000 (Va. Code § 16.1-77(1)). Claims against the federal government, and many claims against Metro, are heard in the U.S. District Court for the Eastern District of Virginia, which sits in Alexandria (28 U.S.C. § 127(a)).
Can you sue Arlington County for an injury?
Usually not for simple negligence: Virginia counties share the State's sovereign immunity, and the Supreme Court of Virginia applied that rule to Arlington County in a case about a pedestrian crushed on a county-controlled sidewalk outside the Westover Shopping Center (Mann v. County Board of Arlington County, 199 Va. 169 (1957)). The Court held the county was not liable even though Arlington, unlike most Virginia counties, maintains its own road system and carried liability insurance.
That does not end the case. The county employee who caused the harm is often a proper defendant. In ordinary driving, a government employee has no immunity, because "in ordinary driving situations the duty of due care is a ministerial obligation" (Heider v. Clemons, 241 Va. 143 (1991)). Immunity can apply to judgment calls tied to the job itself, such as a police pursuit, and even then gross negligence is not protected. Insurers for Arlington's vehicles and contractors may also be in the picture.
The six-month notice rule
A negligence claim against a Virginia county, city, or town is forever barred unless a written statement of the nature of the claim, including the time and place of the injury, is filed within six months after the claim accrues (Va. Code § 15.2-209(A)). For Arlington, the statement goes to the County Attorney or to the county's chief executive (§ 15.2-209(B)). It counts as filed when that office receives it, and you bear the burden of proving receipt (§ 15.2-209(C) and (D)).
There is a narrow safety valve: a late or missing notice does not bar the claim if the county attorney, chief executive, or the county's insurer had actual knowledge of the claim, including its nature, time, and place, within the same six months (§ 15.2-209(A)). Do not count on it. The statute says its terms are mandatory and strictly construed (§ 15.2-209(G)), so we send a proper notice early whenever the county may be involved.
What if you were hurt on an ART bus or on Metro?
Arlington Transit (ART) is run by Arlington County, with day-to-day service operated under contract by a private company. That structure matters. A claim may run against the contractor and its insurer as well as the county, and the county side of the claim needs the six-month notice above. We find out who employed the driver and who owned the bus before any deadline passes.
Metro is different. The Washington Metropolitan Area Transit Authority (WMATA) runs the Orange and Silver Lines through Rosslyn, Court House, Clarendon, Virginia Square, and Ballston, and the Blue and Yellow Lines through the Pentagon, Pentagon City, Crystal City, and Reagan National Airport, along with Metrobus routes across the county. Under its interstate compact, WMATA is liable for torts in its proprietary functions, like running trains and buses, under the law of the applicable state or the District, but not for governmental functions; the remedy is a suit against WMATA itself, which can be heard in federal court (Va. Code § 33.2-3100, Compact §§ 80 and 81). For an injury in Arlington, Virginia law will ordinarily apply, including contributory negligence. Our page on Metro and Metrobus injury claims covers the details.
What about crashes on the George Washington Memorial Parkway?
The Parkway is National Park Service land patrolled by the U.S. Park Police, so a crash there can involve a federal claim. If a federal employee or federal vehicle caused the crash, or the claim targets the Park Service, the Federal Tort Claims Act requires a written administrative claim to the agency within two years (28 U.S.C. § 2401(b)). You generally cannot sue until the agency denies the claim or six months pass without a decision (28 U.S.C. § 2675(a)). See our page on Federal Tort Claims Act claims.
A Parkway crash between two private drivers is an ordinary claim, but the police report comes from the Park Police, not the Arlington County Police, and that affects where we request it and how quickly it arrives. The Potomac bridges into the District raise their own question of which jurisdiction's law applies.
Where do Arlington crashes happen?
Arlington County's Vision Zero 2025 Annual Crash Report counted 1,279 police-reported crashes on the county's arterials and local roads in 2025, including 3 fatal crashes, 44 severe-injury crashes, and 84 crashes involving pedestrians; bike and scooter crashes rose from the year before (Arlington County, 2025 Annual Crash Report). Those figures leave out I-66, I-395, and the Parkway entirely.
Typical Arlington claims follow the county's layout: pedestrians struck crossing the busy corridors around the Metro stations, cyclists and scooter riders on the county's bike lanes, and rear-end and merge crashes on I-66, US-50 (Arlington Boulevard), and Route 110 near the Pentagon. For riders, see our page on bicycle and scooter crashes.
How does contributory negligence affect an Arlington case?
In Virginia, an injured person whose own negligence was a proximate cause of the injury generally cannot recover at all, unless an exception such as the last clear chance doctrine applies (Coutlakis v. CSX Transportation, Inc., 293 Va. 212 (2017)). Insurers know this and lead with it: the pedestrian "stepped out against the signal," the scooter rider "came out of nowhere." We answer with signal timing, bus and building video, Metro and ART records, and witnesses found early. Our guide to contributory negligence explains the rule and its exceptions.
How long do you have to file?
In Virginia, you generally have two years from the date of the injury to file a personal injury lawsuit (Va. Code § 8.01-243(A)). If Arlington County may be responsible, the real deadline is six months, for the notice described above. For a federal claim from the Parkway or the Pentagon, the agency must receive the administrative claim within two years.
Does your own insurance help?
Often, yes. For Virginia auto policies issued or renewed on or after July 1, 2023, underinsured motorist coverage pays without a credit for the at-fault driver's liability coverage, unless a named insured signed a written election to reduce it (Va. Code § 38.2-2206(A); 2022 Va. Acts ch. 308). See Virginia uninsured and underinsured motorist claims.
Virginia injury cases we handle
Frequently asked questions
How long do I have to file an injury lawsuit in Arlington?
In Virginia, you generally have two years from the date of the injury to file a personal injury lawsuit (Va. Code § 8.01-243(A)). If Arlington County, an ART bus, or county property may be involved, written notice must reach the County Attorney or the county's chief executive within six months (Va. Code § 15.2-209). A claim against the federal government, such as one arising on the George Washington Memorial Parkway, must be presented in writing to the agency within two years.
Can I sue Arlington County if a county vehicle hit me?
Usually you cannot hold the county itself liable for simple negligence, because Virginia counties have sovereign immunity, but you can often sue the employee who was driving. The Supreme Court of Virginia has held that a government employee has no immunity for ordinary driving (Heider v. Clemons, 241 Va. 143 (1991)). We still send the county its six-month notice so no claim is lost.
Who investigates a crash on the George Washington Memorial Parkway?
The U.S. Park Police investigate crashes on the Parkway, which is National Park Service land, not the Arlington County Police. If a federal employee or the Park Service is responsible, the claim falls under the Federal Tort Claims Act and must be presented in writing to the agency within two years (28 U.S.C. § 2401(b)). A crash between two private drivers on the Parkway is an ordinary claim.
What law applies if I was hurt on Metro in Arlington?
Virginia law will ordinarily apply to a Metro injury in Arlington, including Virginia's contributory negligence rule. WMATA's interstate compact makes it liable, under the law of the applicable jurisdiction, for torts in its proprietary functions such as operating trains and buses, but not for governmental functions. The claim is brought against WMATA itself and can be heard in federal court.
Does your firm have an office in Arlington?
No. Our only office is in Georgetown, at 3221 M Street NW in Washington, D.C. It is a few blocks from the Key Bridge and a short drive from Rosslyn. We meet clients by phone or video, at their home or in the hospital when that is easier, and Ryan Posey and Jacob Lebowitz are admitted in Virginia.
Related reading
- Can you sue a Virginia city or county for an injury? Where the courts draw the line
- Hurt on Metro: WMATA injury claims and the immunity wrinkles
- Virginia's contributory negligence rule and the 1% problem
- July 1, 2023: Virginia's UM/UIM offset ends
- Virginia's 2024 crash numbers and what they show
- DMV Injury Guide: injured by a government vehicle, on Metro, or on public property
Talk to a Virginia injury lawyer today
If an Arlington County vehicle, ART bus, or county property was involved, the County Attorney must receive written notice within six months, and a Parkway claim against the federal government has its own filing rules. Call us early so the right notice reaches the right office.
Posey Lebowitz PLLC · 3221 M Street NW, Washington, DC 20007
Call (202) 524-0123 or request a free consultation. No fee unless we win your injury case.
Our office is in Georgetown, at 3221 M Street NW in Washington, D.C. We meet clients by phone or video, at their home or in the hospital when that is easier, and we appear in Maryland and Virginia courts.
More than $32 million recovered.
Plus more than $22 million in other assets.
Across more than 250 matters, in the District of Columbia, Maryland, and Virginia.
These case results are examples of matters handled by Posey Lebowitz PLLC. The outcome of any case depends on the specific facts and legal circumstances of that case. These results do not guarantee or predict a similar result in any future matter. Amounts shown are gross recoveries before attorney's fees, case expenses, and medical liens. Asset values are stated as of 2026 and will change.
Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.