Who handles Fairfax County cases at our firm?
Founding partners Ryan C. Posey and Jacob M. Lebowitz are admitted in Virginia, Maryland, and D.C. and handle our Virginia cases from intake through trial. Fairfax County's commuters cross the Beltway, the Potomac, and several local boundaries every day, and a single crash can involve more than one government and more than one insurer.
Our office is in Georgetown, at 3221 M Street NW in Washington, D.C. 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.
Which court hears a Fairfax County injury case?
A case arising from a Fairfax County crash or fall can be filed where it happened (Va. Code § 8.01-262(4)), which usually means the Fairfax County Circuit Court at 4110 Chain Bridge Road in Fairfax. Fairfax County and the City of Fairfax together form Virginia's Nineteenth Judicial Circuit (Va. Code § 17.1-506). The Fairfax County General District Court can hear injury claims up to $50,000 (Va. Code § 16.1-77(1)).
Two nearby places are not part of the county at all. The City of Falls Church belongs to the Seventeenth Circuit with Arlington County, and the City of Fairfax, although it shares the county's circuit, is its own government with its own notice and immunity rules. Federal claims and many Metro claims go to the U.S. District Court for the Eastern District of Virginia, which sits in Alexandria (28 U.S.C. § 127(a)).
Who is responsible: the county, a city, the state, or Metro?
The answer decides which immunity rules apply and which notice deadline runs, often well before the general two-year deadline. This table summarizes the main paths.
| If the claim involves | Immunity rule | Notice or claim deadline |
|---|---|---|
| Fairfax County (county vehicles, Fairfax Connector, county property) | The county itself is generally immune from negligence suits; its employees driving in ordinary traffic are not | Written notice within 6 months to the County Attorney or the county's chief executive (Va. Code § 15.2-209) |
| City of Fairfax or City of Falls Church | Immune for governmental functions, not for proprietary ones such as routine street maintenance | Written notice within 6 months to that city's attorney, mayor, or chief executive (§ 15.2-209) |
| School buses and other school vehicles | Locality or school board can be sued up to its insurance limits; immunity is not a bar (Va. Code § 22.1-194) | We send the 6-month local notice as a precaution |
| The Commonwealth, including VDOT | Virginia Tort Claims Act, with its own limits | Written notice within 1 year; for VDOT, to the Commissioner of Highways (Va. Code § 8.01-195.6) |
| Metro (WMATA) | Liable for proprietary functions such as operating trains and buses, not governmental ones (Va. Code § 33.2-3100, Compact § 80) | Suit against WMATA itself, in state or federal court (Compact §§ 80 and 81) |
| A federal employee or agency | Federal Tort Claims Act | Administrative claim within 2 years (28 U.S.C. § 2401(b)) |
The county's six-month notice must state the nature of the claim and the time and place of the injury, and it counts as filed only when the office receives it (§ 15.2-209(A) and (C)). A late notice is excused only if the county attorney, chief executive, or the county's insurer actually knew those facts within six months, and the statute is strictly construed (§ 15.2-209(A) and (G)). For more, see injury claims against Virginia governments.
Can you sue a Fairfax County employee who caused a crash?
Usually yes, if the employee was simply driving: a Fairfax County case is one of the Supreme Court of Virginia's leading decisions on the point. A deputy sheriff serving court papers in the county pulled away from the shoulder and hit a motorcyclist; the Court held he had no sovereign immunity because "in ordinary driving situations the duty of due care is a ministerial obligation," and the verdict for the motorcyclist stood (Heider v. Clemons, 241 Va. 143 (1991)). The same decision notes that a judgment call tied to the job, such as a police pursuit, can be treated differently.
The county itself is another matter. Virginia counties have long been held immune from tort liability for their employees' negligence absent a statute allowing the claim (Mann v. County Board of Arlington County, 199 Va. 169 (1957)). So we name the right defendants, look for applicable insurance, and still send the county its notice on time.
What if a Fairfax Connector bus, school bus, or road condition caused the injury?
Fairfax Connector is owned by Fairfax County and operated under contract by a private company. A claim may therefore run against the operator and its insurer as well as the county, and the county side needs the six-month notice. School buses are different again: when the locality or school board owns or operates the vehicle, it can be sued up to the limits of its insurance, and when there are several claims, those of students and school personnel are paid first (Va. Code § 22.1-194).
Road conditions raise a Fairfax-specific wrinkle. Unlike Arlington, Fairfax County does not maintain most of its own roads; the Virginia Department of Transportation does. A claim blaming a state-maintained road falls under the Virginia Tort Claims Act and its one-year notice to the Commissioner of Highways, and whether such a claim is allowed at all depends on immunity limits we evaluate case by case.
What about Metro and the major Fairfax corridors?
Metro's Silver Line runs through Tysons, Reston, and Herndon toward Dulles; the Orange Line ends at Vienna; the Blue Line reaches Franconia-Springfield; and the Yellow Line ends at Huntington. A Metrorail or Metrobus injury is a claim against WMATA, which can be heard in federal court (Compact § 81). See Metro and Metrobus injury claims.
On the roads, the county's busiest corridors include the Capital Beltway (I-495) and its express lanes, I-66, I-95 through Springfield, Route 7 through Tysons, and Route 50. Highway crashes with tractor-trailers and delivery vans raise federal trucking rules and layered commercial policies; see truck accident claims. On the GW Parkway in McLean, the U.S. Park Police investigate, and a claim against the Park Service is a federal claim.
How does contributory negligence affect a Fairfax County case?
In Virginia, if your own negligence was a proximate cause of your injury, you generally recover nothing, unless an exception such as last clear chance applies (Coutlakis v. CSX Transportation, Inc., 293 Va. 212 (2017)). On the Beltway and I-66, the defense script is predictable: you merged too late, braked too hard, or were going too fast for traffic. We answer with dashcam and traffic video, witnesses, and, in the most serious cases, crash reconstruction. Our guide to contributory negligence explains the rule.
How long do you have to file a Fairfax County case?
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)). The shorter clocks come first: six months for notice to the county or a city, one year for notice to the Commonwealth, and two years for a federal administrative claim. Our deadline guide lays them side by side.
Your own policy may add coverage. 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 an election to reduce it (Va. Code § 38.2-2206(A); 2022 Va. Acts ch. 308).
Virginia injury cases we handle
Frequently asked questions
Where is a Fairfax County injury lawsuit filed?
Most Fairfax County injury cases are filed in the Fairfax County Circuit Court at 4110 Chain Bridge Road in Fairfax, or, for claims up to $50,000, in the Fairfax County General District Court (Va. Code §§ 8.01-262 and 16.1-77). Claims against the federal government and many Metro claims can be heard in the U.S. District Court for the Eastern District of Virginia, which sits in Alexandria.
Can I sue Fairfax County if a county employee hit me?
You usually cannot hold the county itself liable for simple negligence, but you can often sue the employee who was driving. In a case that arose in Fairfax County, the Supreme Court of Virginia held that a deputy sheriff had no immunity for ordinary driving (Heider v. Clemons, 241 Va. 143 (1991)). Written notice should still reach the County Attorney or the county's chief executive within six months (Va. Code § 15.2-209).
Who do I notify if the City of Fairfax or Falls Church is involved?
Notice goes to that city's own attorney, mayor, or chief executive within six months, not to Fairfax County (Va. Code § 15.2-209(B)). Both are independent cities with their own governments. Unlike counties, cities can be liable for proprietary functions such as routine street maintenance.
What if a road defect on a state road caused my crash?
Most roads in Fairfax County are maintained by the Virginia Department of Transportation, so a road-condition claim is usually a claim against the Commonwealth under the Virginia Tort Claims Act. Written notice must be filed within one year, and for VDOT it goes to the Commissioner of Highways (Va. Code § 8.01-195.6). Whether the claim can go forward depends on immunity limits, so get advice early.
What happens if a school bus hits my car in Fairfax County?
When a locality or school board owns or operates the vehicle, it can be sued up to the limits of its insurance, and governmental immunity is not a bar (Va. Code § 22.1-194). When there are several claims, those of students and school personnel are paid first. We also send the county a six-month notice as a precaution.
Does your firm have an office in Fairfax County?
No. Our only 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 Virginia courts. Ryan Posey and Jacob Lebowitz are admitted in Virginia.
Related reading
- School bus crashes in Virginia: sovereign immunity and insurance
- Whiteru v. WMATA: when contributory negligence does not excuse Metro
- Nobody saw how the crash happened: can you still win a Virginia injury case?
- Virginia goes hands-free: the phone law and what it means after a crash
- The 2022 Virginia law that changed UM/UIM coverage
- DMV Injury Guide: deadlines and the timeline of a DMV injury case
Talk to a Virginia injury lawyer today
If Fairfax County, the City of Fairfax, Falls Church, or the state may share the blame, written notice can be due in as little as six months, sent to an office that depends on who is responsible. Call us early so nothing is filed in the wrong place.
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.