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Fort Wayne Indiana Personal Injury Lawyer and Attorney Blog

Claims Against Government Entities and Public Employees

Indiana tort law is very complex. When filing a claim against a government entity or public employee in Indiana, there are many rules to which you must adhere.

Contact the Sweeney Law Firm if you have been involved in any accident that involves a state or local governmental agency. It is important that you discuss your case with a law firm that can explain your legal rights and options.

On August 29th, The state of Indiana asked a judge to dismiss a class action law suit filed last week on behalf of the victims of the Indiana State Fair stage collapse because the attorneys at the Indianapolis law firm did not follow the proper procedure when they filed the suit.

By law, the state must have 90 days notice before a lawsuit can be filed.

Attorney General Greg Zoeller says the lawyers filed their tort claim notice on August 22nd, and then filed the lawsuit the same day.

Read the entire story here:
http://www.indystar.com/article/20110829/NEWS/110829022/State-Dismiss-class-action-suit-fair-stage-collapse?odyssey=tab|topnews|text|IndyStar.com

The Indiana Tort Claim Act has very important deadlines and requirements.

Under the Tort Claims Act, an injured person must file a document called a Tort Claim Notice within either 180 days or 270 days of the accident depending on the government agency that is involved. 180 days is a very short deadline, so it is critical to seek the help of an attorney as soon as possible. If the notice is not filed in time, then any legal claim against the government is forfeited.

Once the notice is filed, there is a 90 day waiting period before a lawsuit can be filed.

The Indiana Tort Claim Act has limits of liability. An injured person's single claim is capped at $700,000 and the total cap for all persons involved in the occurrence is $5,000,000.

View Indiana’s Tort Claims Act:
CHAPTER 3. TORT CLAIMS AGAINST GOVERNMENTAL ENTITIES AND PUBLIC EMPLOYEES:http://www.in.gov/legislative/ic/code/title34/ar13/ch3.html