Understanding Tort Claim Notices

Traditionally, a government has sovereign immunity from lawsuits, meaning it cannot be sued except in certain situations. Indiana, like other states, has adopted laws that allow legal claims to be brought against the state and local governmental agencies. However, the individual who wants to pursue legal action against a government agency must give the government notification of the pending claim. This is known as a tort claim notice.

In Indiana, if you have a claim against a governmental entity, such as the Indiana Department of Transportation or a municipality, you must file a written notice of your claim to the proper governmental agency within a specific period of time.

In most cases, you must file a tort claim notice within 180 days (6 months) of the incident you are taking issue with. If the claim is against the State of Indiana, you must file a tort claim notice within 270 days (9 months). This notification period can pass quickly, especially if you are dealing with serious injuries.

The attorneys of Craig, Kelley & Faultless, LLC can help if you or a loved one has been injured because of the negligence of a governmental agency. We can make sure that your tort claim notice is prepared correctly and filed in a timely fashion so you do not lose your right to pursue compensation for the harm that you have suffered.

What Is a Tort Claim Notice?

A tort is a wrongful act causing injury or harm for which the injured or harmed party may seek compensation.

A tort claim is a legal claim that a tort violation has caused an injury for which the person who files the claim is due damages.

As the name suggests, a tort claim notice is a notification to a specific agency or government that you have a claim against the agency.

Examples of Claims that Require an Indiana Tort Claim Notice

Almost any type of personal injury an individual may unjustly suffer may result in a tort claim and require a tort claim notice. A few examples include:

• Being hit by a government truck.
• Slipping and falling in a government office building or parking garage.
• Your child being injured at school.
• Being assaulted by a governmental official, such as a police officer or firefighter.

Indiana law specifies 11 instances of immunity, in which a governmental entity or an employee acting within the scope of the employee’s employment is not liable if a loss results.

Indiana Tort Claim Notice Requirements and Timeline

For a claim against the state of Indiana, find a downloadable Notice of Tort online. You can find a form online for the City of Indianapolis, for example.

Indiana’s Notice to File form is a single page that asks for information about you, your losses, what happened, and when.

You should provide copies of the accident/incident report, vehicle registration, estimates or paid receipts for repairs, medical reports, photographs of the accident, and any additional documentation in reference to this matter.

The form lists an address in Indianapolis to which the form may be delivered in person or by certified and registered mail.

The form advises the submitter to keep copies of the claim form, receipts, bills, and certified/registered mail receipts.

The form states: “If your claim is properly filed, the Office of the Attorney General will investigate it and will notify you in writing within 90 days of receipt if your claim is approved. A claim is denied if not approved within 90 days.”

The form also states:

The filing of this claim is part of a legal process. If you have any questions about the right way to file a claim, please contact an attorney of your choice. The state’s attorneys are not authorized by law to assist you with filing this claim.

The form for the City of Indianapolis makes a similar statement.

Get in Touch with Our Indianapolis Personal Injury Attorneys

You may have a right to pursue compensation if you have been unjustly harmed by the State of Indiana or a county or municipality in Indiana. But the government agency will move to dismiss your claim if it is filed late or filed incorrectly. The attorneys at Craig, Kelley & Faultless, LLC are here to help you seek justice.

Contact us online or by telephone at (800) 746-0226 for a free consultation about your accident. If you are unable to come to us, we will come to you.