Hurt on city, county or state property? The Indiana tort claim notice

Personal Injury Attorney Fort Wayne is a free attorney referral service, not a law firm, and this is general information, not legal advice. Because these deadlines are short, talk with a licensed Indiana attorney as soon as you can.

When the notice applies

The notice rules are part of Indiana’s tort claims law in Indiana Code 34-13-3. They apply to claims against the State of Indiana and its agencies, and against political subdivisions, such as a city, a town or a county. In the Fort Wayne area, that can mean the City of Fort Wayne, the City of New Haven, a town in Allen County, Allen County itself, or the state.

The deadlines: 180 days and 270 days

• A city, town or county: the notice must generally be filed with the governing body of that political subdivision, and with the Indiana political subdivision risk management commission where that applies, within 180 days after the loss.
• The State of Indiana: the notice must generally be filed with the attorney general or the state agency involved within 270 days after the loss.

These are counted from the loss, not from when you decide to do something about it. Some situations can change the timing, and only a licensed Indiana attorney can say which deadline applies to yours.

What the notice must say

Under Indiana Code 34-13-3-10, the notice must describe in a short and plain statement the facts of the claim, including:

• The circumstances that brought about the loss.
• The extent of the loss.
• The time and place it happened.
• The names of all persons involved, if known.
• The amount of damages sought.
• The claimant’s residence.

A notice that leaves something out can cause problems later. A lawyer can prepare it, send it in a way that shows when it was received, and keep a copy.

Limits on government liability

Indiana caps what government bodies and public employees can be made to pay. For a claim arising on or after January 1, 2008, the combined liability of all governmental entities and public employees is $700,000 for injury to or death of one person in one occurrence, and $5,000,000 for all persons in that occurrence. A governmental entity or public employee is not liable for punitive damages. These are ceilings, not typical amounts.

Different fault rules

For most injury claims, Indiana uses modified comparative fault, where an injured person’s share of blame reduces any recovery and a share over half bars it. Different fault rules can apply to a claim against a government unit, which is another reason to get advice early.

The notice is not the lawsuit

Filing a tort claim notice is a step before any lawsuit, not the lawsuit itself. Indiana law generally allows two years to start a lawsuit for an injury to a person, and that deadline still matters after the notice is filed. In Allen County, an injury lawsuit is generally filed in the Allen Circuit Court or the Allen Superior Court.

Steps to take now

1. Write down exactly where and when you were hurt, and photograph the place.
2. Note anything that shows who owns or runs the place: signs, vehicle markings, a uniform.
3. Get medical care and keep the records and bills.
4. Count the days from the injury, and talk with a licensed Indiana attorney well before 180 days.

If you fell on public property, the slip and fall guide covers what to keep. Families after a death involving a public body can read the wrongful death guide. To pick a lawyer yourself, see the directory of Fort Wayne personal injury law firms.

Questions people ask