If you slip and fall on government property in West Virginia, the government may be liable for the injuries that you sustained. However, whenever filing a personal injury lawsuit against a government entity, whether that entity is at the local, state, or federal level, you should expect a complex, possibly long-winded battle.
Nevertheless, when the government is negligent in the maintenance and upkeep of its property, and this negligence causes an injury, then you are rightfully entitled to file a lawsuit within West Virginian civil courts to seek compensation for damages incurred. Due to the complexity of these cases, it’s critical to have an experienced attorney representing your case.
For one of the leading Charleston WV slip and fall attorneys with the experience and know-how to take on government bodies, call Love Law founder Charles Love today at (304) 344-5683. In the meantime, you can learn more about this complex area of law below.
Slip and Fall Claims Against West Virginian Government Entities
Imagine that you slip and fall on the sidewalk in front of a federal, state, or city building, injuring your back. In order to recover damages for medical expenses and as well as other injury-related expenses, you’ll need to file a claim or a lawsuit against the government.
In order to sue the government, the first step is to file a formal notice of injury with the proper governmental entity (filing with the wrong entity can result in an annulment of your lawsuit). Depending on the government entity (federal, state, or municipality), the filing requirements may differ. In general, however, the notice of injury should include the following:
- Name and address
- Date of injury
- Details regarding how the injury occurred
- A statement claiming how the government was negligent
- A claim stating that the government’s negligence caused your injury
- Detailed descriptions of your injuries
- Detailed descriptions of medical bills and other financial losses
In addition to filing the correct documents with the right government entity, you also need to document the accident scene as well as any other evidence that may prove your claims in West Virginia courts. Remember, you must prove that the government was negligent; in other words, you have the burden of proof. To help your case, you should also take pictures of the accident scene, your injuries, and other photographs. Also, if there were witnesses to the accident, you should get their names, addresses, and phone numbers.
Limitations on Suing Federal, State, or Local Government Entities
It is important to note that there are very strict rules regarding lawsuits and federal, state, and local government entities. In comparison to lawsuits against private individuals, filing a lawsuit with the government has special rules that you must follow. For instance, you’ll need to file the notice of injury within the designated time period, which, in some cases, can be as short as 30 days. If you don’t file the lawsuit within the designated time limit, you may lose your right to a lawsuit.
Additionally, there are often some limitations regarding the amount of compensation you can receive in a lawsuit against the government. For instance, you can generally receive specific damages that have quantifiable costs, such as medical bills, physical therapy and rehabilitation costs, and lost wages. However, you may not be able to recover unquantifiable damages, such as those associated with pain and suffering.
Proving Negligence in the Government Entity
When filing a slip and fall lawsuit against a government entity in West Virginia, you need to prove that the entity’s negligence and/or wrongdoing caused the slip and fall as well as the injuries. Typically, there are three occasions where the government may be negligent:
- The government (or a government employee) caused a dangerous condition.
- The government knew of the dangerous condition but did nothing about it.
- The government should have known of the dangerous condition because a reasonable person would have discovered and then repaired or removed the dangerous condition.
It is critical to note that simply because you fell on government property doesn’t mean the government entity (who manages the property) is liable for the injuries incurred. As mentioned above, the government must have caused or known about the dangerous condition, without doing anything to prevent any injuries.
Call Charleston WV Attorney Charles Love Today
Filing a lawsuit against local, state, and federal government entities in West Virginia is not easy, but if you slipped and fell on government property, you may have a case. To speak with one of the leading slip and fall attorneys in the Charleston WV area, contact attorney Charles M. Love at the Love Law Firm today. Call (304) 344-5683 for a free, no-obligation consultation.
