West Virginia Notice of Claim (55-17-3)
At least 30 days before suing a state agency: certified-mail notice to its chief officer and the AG.
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Introduction
Under W. Va. Code 55-17-3, at least 30 days before suing a state agency, written notice of the claim and the relief desired goes by certified mail to the agency's chief officer and the Attorney General. It expires if no suit is filed within 90 days.
Key Things to Know
- 1
The deadline is strict. Before suing a state government agency, written notice must be given at least 30 days before the action is instituted (W. Va. Code 55-17-3(a)(1)). This is a pre-suit waiting period, not a deadline counted from the injury. Read the statute or contact the agency's office to confirm the current rule.
- 2
The notice goes to BOTH the chief officer of the governmental agency AND the Attorney General. Send a separate copy to each.
- 3
Delivery is by certified mail, return receipt requested. The notice is deemed provided on the date of mailing (55-17-3(a)(1)-(2)).
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The notice states the alleged claim and the relief desired (55-17-3(a)(1)).
- 5
The notice tolls the limitations period for 30 days (55-17-3(a)(2)). If 90 days pass after service and no action has been instituted, the notice is considered expired. A new notice then requires a $250 fee to the Attorney General and a $250 fee to the agency, with no further tolling (55-17-3(e)).
- 6
For a county, city or other political subdivision, the Governmental Tort Claims and Insurance Reform Act requires suit within 2 years after the cause of action arose or after the injury, death or loss was discovered or reasonably should have been discovered, whichever last occurs (W. Va. Code 29-12A-6(a)). Ask the entity's clerk or risk management office whether it requires any notice first.
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Against a political subdivision, noneconomic loss is capped at $500,000 per person, with no cap on economic loss, and punitive or exemplary damages are prohibited (W. Va. Code 29-12A-7). For a minor under 10 when injured, the period is 2 years or until the minor's 12th birthday, whichever is longer (29-12A-6(b)).
Key decisions before you file
Before you file a Notice of Claim in West Virginia, a few decisions shape the document: which option to choose and what each one means. The Notice of Claim guide walks through them.
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West Virginia Requirements for Notice of Claim
30-Day Pre-Suit Notice
W. Va. Code 55-17-3(a)(1): written notice at least 30 days before instituting an action against a state governmental agency.
Two Recipients
The notice goes to the chief officer of the governmental agency and to the Attorney General (55-17-3(a)(1)).
Certified Mail Delivery
Certified mail, return receipt requested; the notice is deemed provided on the date of mailing (55-17-3(a)(1)-(2)).
Required Contents
State the alleged claim and the relief desired.
Notice Expiry and Re-Notice Fees
55-17-3(e): the notice expires if no action is instituted within 90 days after service; a new notice requires $250 to the Attorney General and $250 to the agency, with no further tolling.
Limitations Tolling
55-17-3(a)(2): the notice tolls the limitations period for 30 days.
Political Subdivision Suit Deadline
W. Va. Code 29-12A-6(a): 2 years after the cause of action arose or after the injury, death or loss was or reasonably should have been discovered, whichever last occurs; for a minor under 10, 2 years or until age 12, whichever is longer (29-12A-6(b)).
Political Subdivision Damages Limits
W. Va. Code 29-12A-7: noneconomic loss capped at $500,000 per person, no cap on economic loss, and no punitive or exemplary damages.