When your claim is against a governmental body, such as a city, county, or school corporation, you need to act much faster than the usual 2-year statute of limitations.
Why? Because there are certain conditions and limitations on a citizen’s right to sue the government, whether at the federal, state, or local level.
What is the Tort Claims Act?
In old English law, the King could do no wrong, so citizens could not sue the King. This concept got transferred to the American colonies, so that, in the early days, a citizen could not sue a state or the federal government.
In time, this was recognized as unjust, because governments and governmental employees could be negligent and cause injuries just like anyone else. So, the states and the federal government passed laws permitting citizens to sue them to recover money for wrongs, such as negligently causing injury. These were called Tort Claims Acts. In these statutes the government put certain conditions and limitations on a citizen’s right to sue a governmental body.
It is important to note that Tort Claims Acts apply to all governmental bodies, including such things as the U.S., states, cities, counties, school corporations, the Sheriff, the Airport Authority, etc.
In Indiana, the Tort Claims Act provides several defenses to governmental bodies that private citizens and corporations do not have. Some of these defenses include no liability for:
- Discretionary acts
- Design defects in a highway over 20 years old
- Failure to make an inspection of non-governmental property
- Failure to issue a discretionary license
- Adoption or enforcement of a law or a failure to adopt or enforce a law
What You Need to Know
Indiana’s Tort Claims Act requires a potential Plaintiff to give a detailed written Tort Claim Notice to the governmental body within 270 days (approximately 9 months) after the date of the incident giving rise to the claim. This is extremely important because it, in effect, shortens the statute of limitations for filing a claim.
Ordinarily, a Plaintiff must file a case in court within 2 years after the incident or it is forever barred. Under the Tort Claim Act, notice must be given within 270 days, or the claim is forever barred.
In addition, the notice must contain certain things and must be given to certain people. If any of these things are not done, the claim is barred, and this is true even if the governmental body has liability insurance.
In theory, the notice is required in order for the governmental body to investigate and not be surprised by a claim. Actually, the requirement of a Tort Claim Notice is probably just a way for governmental bodies, and their liability insurance companies, to save money.
How McGlone Law Can Help
If you think you may have a personal injury claim against a governmental body, act immediately to contact McGlone Law so that we lawyer can: (1) file the notice in time to protect you, and (2) investigate the claim so as to be able to beat the special defenses.
