When you are injured on a public property such as on school grounds or at a state park, you are allowed to bring a lawsuit against them. The only difference between bringing a lawsuit against a private party or a public entity is that you have to inform the entity of your intentions to file a claim against them. This concept is known as prior written notice.
If you do not notify the entity that you plan on bringing a lawsuit against them within the time frame that they provide, you will not be able to file a claim. This is important because you will be left to cover the medical expenses of your injuries.
Prior written notice is not required when you are bringing a lawsuit against a private party such as a homeowner. If you require experienced legal representation for West Virginia personal injury matter, please contact a personal injury attorney who can assist you with determining if there are any prior written notice deadlines that you must abide by. Having an understanding of both prior written notice and the statutes of limitations is one of the most important things to be aware of when pursuing a personal injury case.
Bringing a case against a public entity has a tendency to be more difficult than bringing one against a private party because the last thing a municipality wants to deal with is a lawsuit. They will usually try to settle out of court or avoid the lawsuit altogether.
If you require experienced legal representation for a West Virginia personal injury matter, please contact Bailey, Javins & Carter, L.C. to schedule a free consultation.