Charitable Immunity in Virginia Personal Injury Claims

Charitable immunity is a legal doctrine that shields certain charitable organizations from liability in personal injury claims. To qualify for charitable immunity, an individual or organization must show that they were engaged in providing aid, shelter, emergency response, advice, or comfort at the time that an injury or death occurred.

Charitable immunity may apply in specific circumstances, providing protection to qualified charitable entities. The following is an overview of who can claim charitable immunity from a personal injury claim in Virginia. For more detailed information about your specific situation, call our office to speak to a Virginia Beach personal injury lawyer.

Qualifying Charitable Organizations

In Virginia, charitable immunity may apply to nonprofit organizations that meet certain criteria established by state law. These organizations must be organized and operated exclusively for charitable, religious, educational, or other nonprofit purposes. Examples of qualifying charitable entities may include hospitals, schools, churches, and other nonprofit organizations engaged in charitable activities.

Charitable Purpose

To claim charitable immunity, the organization must demonstrate that its primary purpose is charitable in nature. This typically involves providing services or benefits to the community without the expectation of financial profit. Charitable activities may include providing medical care, education, social services, or other forms of assistance to individuals in need.

Governmental Entities

In addition to nonprofit organizations, certain governmental entities may also be entitled to charitable immunity in Virginia. This may include government-run hospitals, schools, or other agencies that provide essential services to the community. However, applying charitable immunity to governmental entities may be subject to specific statutory provisions and legal precedents.

Volunteer Immunity

In some cases, individuals who volunteer their time and services on behalf of a charitable organization may also be afforded immunity from personal injury claims. Virginia’s Volunteer Immunity Act provides limited protection to volunteers who act within the scope of their volunteer duties and in good faith. However, this immunity may not apply in cases of gross negligence or willful misconduct.

Limitations and Exceptions

It’s essential to note that charitable immunity in Virginia is not absolute and may be subject to certain limitations and exceptions. For example, immunity may not apply to claims arising from gross negligence, intentional misconduct, or activities outside the scope of the organization’s charitable purpose. Additionally, the Virginia Supreme Court has recognized that the doctrine of charitable immunity may be subject to evolving legal principles and public policy considerations.

Statutory Protections

Some charitable organizations in Virginia may benefit from specific statutory protections or limitations on liability. For example, Virginia law provides certain immunity protections for volunteer medical professionals providing free or low-cost medical services through charitable clinics or healthcare organizations. These statutory provisions may shield qualified volunteers from personal liability for acts or omissions committed while providing charitable medical care.

Call Our Personal Injury Law Firm for Legal Assistance

While the pre-suit phase focuses on negotiation and settlement, the lawsuit phase involves formal litigation and court proceedings. Both stages have advantages and disadvantages; the appropriate approach depends on the case’s circumstances. Both phases require the expertise of a skilled Virginia Beach personal injury attorney to obtain the best possible outcome.

To find out your legal options, contact Shapiro, Washburn & Sharp to schedule a free and confidential case evaluation. Our firm is dedicated to getting clients the financial compensation they deserve for their losses, like the $930,000 insurance settlement our firm obtained for one client who suffered multiple injuries when another driver failed to yield at an intersection and attempted to take a left turn.

For your convenience, we have offices in Virginia Beach, Norfolk, Hampton, and Portsmouth.

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