When you or your loved one is injured in an accident or incident that causes physical or emotional injury as well as monetary damages, you want relief. This is the case regardless of who is responsible for your injuries. However, the procedures that must be followed to properly file a suit vary depending on whether a person or entity is responsible for your injuries. There is a different set of procedures that must be followed when you are suing the government for causing damages. If you or your loved one has been injured in an accident or incident, you need the help of an experienced attorney to assist you in filing a claim. For a risk-free initial consultation, contact Colombo Law today.
Providing Notice to the Proper Parties
When filing a suit against any government agency, there are strict notice requirements that must be followed. The individual that seeks to file a suit must provide notice to the chief officer of the government agency and the Attorney General with written notice of the reason for wanting to file an action and the types of relief that is desired. Generally, this notice must be provided at least 30 days in advance of filing an action. This procedure is a necessary step as one may not file an action until proper notice is required. In addition, the statute of limitations is not tolled until notice is actually provided.
Another procedure to know is that default judgments cannot automatically be obtained against government agencies. A default judgment is a judgment entered in favor of one party due to the failure of the other party to take required action. One way to obtain a default judgment is failing to respond to a pleading or defend an action. Usually this can be obtained by filing a pleading. However, when the action is against a government agency, a default judgment cannot be obtained unless a hearing occurs and a finding that the agency clearly does not intend to appear or defend the action.
Contact Colombo Law for Your Personal Injury Claim
There are other special rules and relief that is prohibited when filing an action against government agencies. To ensure you are properly taking all actions necessary that will help prevent your claim from being dismissed, you need the assistance of an experienced attorney at Colombo Law.
About Colombo Law
The Colombo Law firm is located in Morgantown, West Virginia. Our attorneys are experienced personal injury lawyers who successfully handle hundreds of personal injury claims each year, obtaining justice and monetary relief for our clients. Colombo Law assists clients located in and around West Virginia including in Morgantown, Fairmont, Clarksburg, Bridgeport, Kingwood, Grafton, Weston, Philippi, Buckhannon, Elkins, Parkersburg, Monongalia, Marian, Harrison, Preston, Taylor, and Lewis county. If you have been injured in an accident or incident but are unsure of whether you have a personal injury claim, contact Colombo Law today for a risk-free initial consultation to get you or your loved one the assistance you deserve.