Many people don’t realize that it’s possible to file an injury claim against a city, county, or even the state government in Indiana when hurt in an accident. While this is often allowed, there are strict rules and shorter deadlines for government claims than for other injury lawsuits. It’s important to know these differences so you don’t miss your chance for fair compensation.
When Would You File a Claim Against The Government?
The government in Indiana can be sued for certain personal injuries under the Indiana Tort Claims Act (ITCA). This law applies to state and local government bodies, including cities, counties, school districts, and most agencies.
If you’re hurt because of something tied to a government agency or employee in Indiana, filing a claim against the government may be the way to recover your losses. Here are some of the most common situations where you’d consider going down this path:
Negligent Maintenance of Public Property
You might file a claim if you slipped on an icy sidewalk, tripped over broken steps, or crashed because of deep potholes on a public road. The government could be held responsible for not keeping roads, walkways, or buildings safe.
City- or State-Owned Vehicles
Being struck by a garbage truck, city bus, road repair vehicle, or police car brings government liability into play. If the driver was careless and on duty, their employer (the government agency) may be at fault.
Actions of Public Employees
Sometimes government employees cause harm while carrying out their job. For example, teachers, school staff, or employees at state-run facilities. If their negligence leads to an injury while performing official duties, a claim against the government is possible.
With any accident involving a government agency in Indiana, the rules and deadlines for filing your claim are different and can be much stricter than other injury cases, making legal help critical.
Your Case Will Get
The Attention It Deserves
Deadlines For Lawsuits Against The Government
If you’re thinking about suing the government in Indiana for a personal injury, the type of government you’re filing against determines your timeline and where you need to send your claim notice.
Claims Against the State of Indiana
When your claim is against the state itself or a state agency, you must file a Notice of Tort Claim with the Indiana Attorney General’s Office. This must be done within 270 days from the date you were hurt.
- Sec. 6. (a) Except as provided in sections 7 and 9 of this chapter, a claim against the state is barred unless notice is filed with the attorney general or the state agency involved within two hundred seventy (270) days after the loss occurs.
Indiana law puts limits on damages: the maximum one person can receive is $700,000, and no more than $5 million total is paid out in an accident affecting several people.
Claims Against Local or Municipal Government
If the injury is tied to a city, town, county, or local government entity, you have to notify two places: the local government itself and the Indiana Political Subdivision Risk Management Commission. Here, the deadline is shorter – you get just 180 days from the date of the accident to file your notice.
- Sec. 8.
- (a) Except as provided in section 9 of this chapter and subsection
- (b), a claim against a political subdivision is barred unless notice is filed with:
- (1) the governing body of that political subdivision; and
- (2) unless IC 27-1-29 has expired under IC 27-1-29-29, the Indiana political subdivision risk management commission created under IC 27-1-29; within one hundred eighty (180) days after the loss occurs.
Missing this deadline means your claim will be denied automatically, with no chance of reconsideration.
Filing your claim notice on time ensures you keep your right to sue, so make sure you speak with a lawyer as soon as possible.
When Victim is Partially At Fault – Contributory Negligence in Cases Against Government Entities in Indiana
When you file a personal injury claim against a government entity in Indiana and you’re partially at-fault, the rules are much stricter than in most other accident cases. Instead of the usual system where your damages might be reduced according to your share of fault, Indiana applies a “pure” contributory negligence standard.
This means if you are found to be even slightly responsible – just 1% – for your accident or injuries, you cannot collect any compensation from the government at all. Even a small mistake or minor contribution to the events of the accident will completely bar your ability to recover damages in court.
The Importance of Working With a Lawyer For a Claim Against The Government
Bringing a personal injury claim against the government in Indiana can be confusing, which is why it’s so important to work with an experienced accident lawyer. Here’s how they can assist:
- They know the exact deadlines for different government bodies and make sure notices are filed on time.
- An attorney ensures your claim meets all special requirements, so it isn’t thrown out on a technicality.
- Lawyers know the notice requirements and tight deadlines that must be followed.
- They ensure your claim is detailed, timely, and filed with all the right agencies, which is essential because just one mistake can result in your case being thrown out.
- They can challenge any push-back from the government’s insurance teams and handle challenging questions on your behalf.
- If there’s any question about fault on your part, your lawyer will work hard to protect your claim from being barred under Indiana’s strict contributory negligence rule.
If you have any questions about filing a claim against the government or the potential deadlines you’re looking at, we can help.
Contact us today to schedule a free consultation so we can get started on your claim before time runs out.
