Time’s Up: Only 180 Days to File Indiana Tort Claim Notice
The Indiana Tort Claims Act (I.C. 34-13-3 et seq.) requires that notice must be filed before a plaintiff may bring a tort claim against any state agency or political subdivision.
Timing is Critical
The timing of this notice is critical, as failing to file a tort claim notice within the applicable time limit will most likely bar an individual from seeking any remedy available under tort law. If an individual’s tort claim involves the State or any state agency, notice must be served upon the attorney general or the relevant state agency within 270 days of the incident occurring. I.C. 34-13-3-6(a). Where a tort claim is against a political subdivision, which includes a city, township, or local government agency, notice must be given to the governing body of such political subdivision, as well as with Indiana Political Subdivision Risk Management Fund, within 180 days of the event occurring.
The definition of a political subdivision can be found at IC 34-13-3-22. In a case where an individual’s injury, or other circumstance, causes them to become incapacitated, or in the case where the injured party is a minor, the time limit tolls. I.C. 34-13-3-9. In such a case, the tort claims notice must be filed within 180 days after the incapacity ends, or in the case of a minor, 180 days after his/her 18th birthday.
State Agency vs Political Subdivision
It is important to note that whether a party is a state agency or a political subdivision is not always apparent. The Court of Appeals has held in one case that a state university is not an agent of the State, but rather a political subdivision subject to the 180 day tort claim notice deadline. Therefore, it is advisable that all tort claim notices be filed as soon as possible, ideally within 180 days.
Injured By Government Agency
If you or a loved one have suffered an injury which you believe was caused by the actions or inactions of a government agency, it is crucial you contact an attorney immediately, as soon as possible. we have handled cases against both state and local governments: representing children injured at school, suspects injured by police, people suffering personal injuries from negligence of city and township officials, and inmates injured while incarcerated.
If you believe you might have a case, it is crucial you contact a qualified attorney immediately.
We can arrange a virtual appointment, in-person appointment at our office, or even travel to your home to meet you and your family.
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