The Tort Claims Section will review and assess the Commonwealth's liability for any alleged property damage and will offer settlement. There are three types of negligence recognized in the Commonwealth of Virginia: negligence, gross negligence, and willful and wanton negligence.Learn how to leverage the Virginia Tort Claims Act (VTCA) to file a claim for damages and hold government employees and agencies accountable for negligence. Virginia is one of a handful of states that recognizes the defense of contributory negligence. Negligence is deceivingly simple. To many people, negligence is something that they would know when they see it. Tort law ensures that the person who suffers loss or injury receives compensation from the defendant. Gavel in a courtroom. Is the defendant liable for the full amount of my medical bills? Does the defendant have to reimburse me for the time I was out of work?