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Practice Areas

The Court of Claims

Created by an Act of the Legislature in 1967, the Court of Claims hears claims against the state for money damages. Awards are made subject to final approval by the Legislature. Upon request, it issues advisory opinions to state agencies. It also investigates and hears claims made by victims of criminally injurious conduct for awards from the Crime Victims Compensation Fund.

The Court has exclusive jurisdiction in the following matters:

  • All claims against the State founded upon any State law or regulation other than Workers’ Compensation claims; claims within the jurisdiction of the Bureau of Employment Programs; claims under the West Virginia National Guards Act; and those claims covered by the State’s insurance and defined as being within the coverage provisions of such insurance. See W.Va. Code §14-2-14
  • All claims under the Crime Victims Compensation Act.
  • All construction contract claims against the State.
  • All contract claims against the State.
  • All compensation claims against the State for time unjustly served in West Virginia prisons by innocent persons.
  • All damage claims against the State for torts. Specifically included are all tort claims against the Board of Trustees of the University System and the Board of Directors of the State College System.
  • All claims for damages caused by escaped inmates of State institutions.
  • All other claims against the State under related statutes.
  • All claims against the Division of Highways for vehicle or other private property damage.

Attorneys specializing in the Court of Claims determine if an individual has a valid claim against the State, guide their clients through the claim filing process, and represent the client during the hearing held in response to the State Agency’s answer to the initial claim.

For more information about the Court of Claims, please follow the link below to the West Virginia Legislature’s website.

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