Before any case can be heard by a judge or a jury, the plaintiff must serve notice of the pending lawsuit to each and every one of the parties named as a defendant. A plaintiff’s failure to properly serve a party may result in a significant delay and may even cause an otherwise meritorious lawsuit to be prematurely dismissed.
In Virginia, there are several requirements that a plaintiff must ensure are met when effectuating service on a defendant. For example, the service must be addressed to the individual named in the lawsuit, or if an organization is named, to a person legally authorized to accept service. Additionally, service must be made by first-class mail, and the packet sent to the defendant must include certain additional information in order to be considered complete. In personal injury cases in which service becomes an issue, it is often because the defendant claims that the wrong person was served. This is especially true when the case is filed against a public or government entity. A recent case shows how important proper service is in personal injury lawsuits.
The Facts of the Case
The plaintiff was involved in an accident with a school bus. The plaintiff claimed that the school bus driver was negligent in causing the accident and filed a personal injury lawsuit against both the driver as well as the school district that employed him. The plaintiff hired a process server, who went to the school district building, asked where service was accepted, and delivered service to the assistant to the Human Resources Director. The plaintiff did not attempt to personally serve the school bus driver.