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September 27, 2020

Is it Possible to Sue a Government Agency for an Accident in Indiana?

Accidents often happen because of someone else’s negligence, and that negligence can occur because of a government employee or agency. When a government entity causes an accident that results in your injuries, you can’t file a personal injury lawsuit like you would against an individual. You must follow the rules outlined in the Indiana Tort Claims Act.

At Kooi Law, we’ve handled personal injury cases at the local and state level. An Indianapolis personal injury lawyer from our team can assist you with your claim if you aren’t familiar with the legal process. Although suing the government requires knowledge and effort, committing your time to a trial can be worth it because you deserve compensation for your damages.  

Tort Claims Against Governmental Entities and Public Employees Act

The Tort Claims Act states that when a government entity or a public employee is acting within the scope of their duties, they can be liable for damages they cause to others. The Tort Claims Act does, however, protect government employees from liability in many circumstances. Some conditions you can’t sue the government for include:

  • Bad road or property conditions because of weather
  • Unpaved trails leading to recreational areas
  • Failing to examine private property
  • Injuries associated with emergency communication systems
  • Any actions or inactions by a third-party who isn’t employed by the government

You may sue the government for a car accident involving a government-owned vehicle, a government employee’s negligence, medical malpractice that occurs at a government hospital, or dangerous conditions in a government building that results in your injuries. 

How to File a Claim Under the Indiana Tort Claims Act

To sue the government, you must file a Notice of Tort Claim for property damage or personal injury. You’ll have 270 days after your accident occurs to file this claim if you hope to recover a settlement. The state of Indiana caps compensatory damages for government claims at $700,000 and you can’t recover punitive damages.

If you want to sue your local or municipal government for your injuries versus the state of Indiana, you must file a Notice of Tort Claim with the government you’re suing as well as the risk management commission in your area. You’ll have 180 days after your accident occurs to file this claim if you hope to obtain a settlement.

Contact an Indianapolis Personal Injury Attorney 

Suing the government can be intimidating because you’re going up against a powerful entity instead of one person. Even if you’re suing a public employee, they have additional support. If you want to feel confident bringing your claim to court, you’ll need the help of a knowledgeable attorney. Our team at Kooi Law can help get the most out of your claim.

To speak with an Indianapolis personal injury lawyer from our team, call 317-569-1335 to schedule a no-obligation consultation or fill out the form below.

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