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Frequently Asked Questions

› What is the Court of Claims?
› What type of claims are eligible?
› Is there a filing fee?
› How is a claim processed?
› What are hearings?
› Where are hearings held?
› Do I have to hire an attorney?
› How is a hearing conducted?
› What can I expect in road hazard claims?
› Is there a limit to the amount recoverable?
› Who represents State agencies?


What is the Court of Claims?

The Court of Claims was created by the Legislature in 1967 to hear claims against State agencies. There are three judges .

What type of claims are eligible?

A claim for money damages for:

Is there a filing fee?

No.

How is a claim processed?

Once a claim is filed, the claim is investigated by the respondent State agency, which files the results with the Court in a pleading titled "Answer". The Answer sets forth the position of the agency. The claim is set for hearing. Hearings are held throughout West Virginia.

What are Hearings?

The claim is heard by the Court and transcribed by a court reporter.
The Court reviews the transcript and exhibits and issues an opinion either making an award or disallowing the claim.
If an award is made, the award is included in a Claims Bill presented to the next legislative session for approval.
Once claims Bill passes, governor signs the bill.
Release forms are sent to claimants.
Claims are processed for payment after release forms are returned.



Where are hearings held?



Do I have to hire an attorney?



How is a hearing conducted?



What can I expect in road hazard claims?



Is there a limit to the amount recoverable?

No. Claims may be filed in any amount but the amount must be proven.

Who represents State agencies?



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