Filing a West Virginia injury claim against a government entity requires adherence to specific guidelines that are separate from those required for the standard personal injury claim. This is because government entities enjoy a certain level of protection from liability and lawsuits. To pursue a claim against a federal government entity you must do so under the Federal Tort Claims Act (FTCA).
This type of West Virginia injury claim can be very complicated, which is where a Harrison County injury lawyer comes in. They understand personal injury law and specifically, how it works when it comes to a government entity in West Virginia. They can advise you on the proper way to file your personal injury claim against a government entity.
Overview of the Federal Tort Claims Act in a West Virginia Injury Claim
The FTCA has laws specific to federal, state and city government entities. What this act does is essentially waive their rights to immunity, allowing for a West Virginia injury claim to be filed against the government.
However, if you do not follow the specific guidelines set forth by the FTCA, you will not be able to receive compensation for your injuries, even if a government entity was entirely at fault.
Filing a Notice of Claim
The first step in pursuing a West Virginia injury claim against the government is to file a notice of claim. This should be filed as soon as possible, even if fault from the accident has yet to be determined.
While the process of filing a notice of claim differs for each state, county and city, its importance remains the same. Its purpose is to notify the government entity that you have suffered an injury. This gives them the opportunity to respond to your claim before you proceed any further. Keep in mind that you cannot pursue a claim against the government without first filing the notice of claim.
If you have been injured in an auto accident that was caused by an employee of a government entity in West Virginia, it is in your best interests to consult with an experienced Harrison County injury lawyer. In some cases, you may have as little as 30 to 180 days to file your injury claim. Your injury lawyer will know the proper steps to take and what you need to do to successfully pursue your West Virginia injury claim against the government.
Contacting a Harrison County Injury Lawyer
The Harrison County injury lawyer team at the Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today to schedule a no-cost consultation – 304-326-1800