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Counsel That You Can Trust & Depend On


Guy DiMartino Oct. 31, 2014

Indiana personal injury lawyer discusses how Indiana's tort claim act impacts the stage collapse case.

The Claims Journal reported that Indiana Attorney General has moved to dismiss a stage collapse lawsuit filed in Marion County because the plaintiff did not comply with the notice requires of the Indiana Tort Claim Act.

This report brings up the question, how does somebody who has been injured by a state agency, city, village, town or other municipal agency file a claim for their injuries. At common law; states, their political subdivisions and municipalities were immune from suit under the doctrine of sovereign immunity. However, Indiana has a statute that allows people who have been injured by a governmental agency/entity to file suit if the injured person or their representative files notice:

  • With the state or agency within 270 days after the loss occurs

  • With a political subdivision within 180 days after the loss occurs

  • There is a 90 day waiting period after the injured person gives notice to the proper agency

  • If the claim is not approved within 90 days, it is deemed denied, and the injured person can file a lawsuit against the appropriate agency or municipality

The Indiana Tort Claim Act also has limits of liability. After 2008, an injured person's single claim is capped at $700,000. There is also an aggregate claim cap of $5,000,000, which you may have heard about with the recent Indiana Fair stage collapse tragedy.

So, can a Northwest Indiana resident receive compensation if they are injured in a Michigan City car accident if the at-fault driver on the job for a local parks department? Yes, if the injured person follows the requirements of the Indiana Tort Claim Act.

Indiana tort law is complex. If you have any questions about a car accident or any accident that involves a state or local governmental agency, call our Michigan City personal injury lawyer at (219) 874-4878.