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Can I Sue if I was Struck by a Law Enforcement Officer?

Ways You Can Avoid a West Virginia Road Rage Accident

Posted on December 3, 2018

Being involved in a car accident with another party can be a harrowing experience but, with the help of an experienced attorney, these accident cases can be pretty cut-and-dry if they don’t involve a variety of complicated elements. What happens, however, if you’re injured in an accident with a law enforcement officer? Car accidents are scary by themselves but made even more frightening when a government-owned vehicle is involved. This is because you might automatically assume that you will never be able to compensate for your injuries.

The truth is, filing a government claim to receive compensation isn’t always as simple as your typical lawsuit, but it is not impossible. Today we want to talk about the aspects that are a bit different than any others in your case, and what legal recourse you have at this time.

Notifying About Your Claim 

Struck by a Law Enforcement Officer: Am I Permitted to Sue? One of the biggest differences in these cases is that there are different notifying practices when you believe that you want to bring a claim. You will need to file a notice of claim with the government entity that you are bringing a claim against. In this case, it would be the law enforcement official from that specific office. Of course, you will have to determine that the other party is, in fact, the government and not a private party and find the appropriate party. You might think that the party is government-owned but it might actually be private and funded by the state. This is why it is important to evaluate these aspects with your attorney because you don’t want to miss out on your chance to file.

Typically, you will have quite some time to file a claim. However, in government cases, you might only have as much as 60 days to bring a claim depending on if the claim is against a local, state, or federal government agency or employee. In some cases, you might find that the government wants to settle with you and you will receive an offer that you are pleased with. In other cases, you might proceed to the lawsuit, which can be a difficult experience but not an impossible one with the experienced help of an attorney.

Statutes and Filing Requirements 

Many states have what are also known as the ‘tort claims acts,’ which regulate what you can do when you move forward with a government claim against an entity. These statutes will focus on specific filing requirements that must be followed so that your claim is not entirely thrown out. Before you even think about filing your claim, you want to have gathered as much evidence as possible proving that the law enforcement officer actually caused your accident so that you don’t miss out on any opportunities.

At Katz Kantor Stonestreet & Buckner, we understand the significance of your claim and being able to move forward after you have been involved in any type of personal injury that was the fault of another party. Luckily, you have many options in your case and we want you to know that we are here for you every step of the way as you gather evidence and work toward results. Contact us today for results you can rely on at 304-431-4050.

Note: Secondary sources were used to create this piece and, because of this, the information included has not been independently verified. If you notice a factual issue with our posting, please bring it to our attention and we will correct or remove it as soon as possible.

Disclaimer: Our intent in these posts it to bring attention to the dangers members in our community face and to encourage caution. Accidents do happen and we hope these posts help those affected. However, this information should not be misconstrued as legal or medical advice, and we urge you to contact a trained legal professional for more information regarding your specific situation.

Katz, Kantor, Stonestreet & Buckner, PLLC is located in Princeton and Charleston, WV and serves clients in and around such cities as well as southern West Virginia including but not limited to the counties of Mercer, McDowell, Raleigh, Summers, Monroe, Kanawha and Wyoming.

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