You've been injured in Indiana, by the government or one of its officers or employees. You're considering a claim or a personal injury lawsuit to collect compensation (damages) for your injuries. But you have questions about Indiana law. Can I sue the government? Doesn't Indiana get special protection from lawsuits? How long do I have to file my claim? What can I do to improve my chances of winning?
We'll answer those questions and more. Let's begin with an overview of injury claims against the government. Then we'll zoom in on the details of Indiana law.
Suing the government isn't like suing a private individual or a business. In most states, Indiana included, the plaintiff (the party filing the lawsuit) faces a dizzying array of rules, deadlines, and limits, most of which seem designed to throw roadblocks in the way of even legitimate, meritorious claims. The slightest error, no matter how well-intentioned, can spell the end of your case.
When you square off with an injury claim against any government, be prepared to overcome these obstacles—and perhaps others.
When it comes to government immunity from lawsuits, the granddaddy of them all is called "sovereign immunity." A hand-me-down concept from English law, sovereign immunity traces its roots to the idea that the king, as sovereign and lawmaker, could do no wrong. The sovereign, in other words, was immune from suit.
When the original American colonies broke free from England, they took the idea of sovereign immunity with them. Today, the specific contours of sovereign immunity vary from one state to the next, according to each state's law. In general, though, states typically follow one of two approaches to sovereign immunity.
You'll find your state's approach detailed in its "Tort Claims Act" or similar law.
The starting point for any injury claim against Indiana or its local governments is the Indiana Tort Claims Act, found at Ind. Code tit. 34, art. 13, ch. 3 (2024) (the Act). Created by the Indiana legislature after the state's supreme court did away with the last remnants of sovereign immunity, see Campbell v. State, 259 Ind. 55, 58-63 (1972), the Act:
In a state like Indiana that's no longer protected by broad sovereign immunity, the legislature usually follows up with statutes describing specific kinds of claims that are barred. That's the job of Ind. Code § 34-13-3-3 (2024), a laundry list of (at least) 24 claims for which lawsuits are prohibited.
Here are some (but not all) of those claims. A person can't sue the government, its officers, or its employees for injuries caused by:
Because the Act focuses on claims that aren't allowed, it can be difficult to figure out what claims are allowed. Among the most common are negligence claims involving:
Your attorney can tell you whether your injury claim is on the prohibited list or the allowed list.
Claims against Indiana or a local Indiana government are subject to detailed claim notice procedures and deadlines. You can't file a lawsuit unless you first follow these rules. In other words, if you try to sue the government before you file a notice of claim as described below, the court will have no choice but to dismiss your lawsuit.
When your injury claim is against Indiana, one of its agencies, or a state officer or employee, you must give written notice of your claim to the Indiana Attorney General or to the involved state agency. The Attorney General's office has a claim form you can use. The filing deadline is 270 days from the date you were injured. (Ind. Code § 34-13-3-6 (2024).)
There's a similar notice requirement for claims against Indiana political subdivisions. The notice deadline is 180 days from the date of your injury. You must notify both the political subdivision and the Indiana political subdivision risk management commission, but only if the the political subdivision was a commission member on the date you were injured. (Ind. Code § 34-13-3-8 (2024).)
Be sure to check the political subdivision's website for claim forms and filing instructions. Indianapolis, for example, has an instruction page and a claim form you can use. Bloomington's Risk Management Office provides claim filing instructions.
Your written notice should include a statement of the relevant facts, describing:
(Ind. Code § 34-13-3-10 (2024).)
The notice must be hand delivered or sent by registered or certified mail. (Ind. Code § 34-13-3-12 (2024).)
Note, importantly, that filing a notice of claim isn't the same as filing a lawsuit in court. Filing your notice and following the required notice of claim procedures (discussed below) are prerequisites to a lawsuit.
Once you file your notice of claim, the government has 90 days to consider it and to notify you, in writing, that your claim is approved or denied. Failure to notify you that your claim is approved within that time means your claim is denied. (Ind. Code § 34-13-3-11 (2024).) You're not allowed to sue the government unless your claim is denied, in whole or in part. (Ind. Code § 34-13-3-13 (2024).)
A different set of rules applies when your claim is against an Indiana public school or a charter school. (See generally Ind. Code tit. 34, art. 13, ch. 3.5 (2024).) Specifically, you must give the school and its governing body notice of your claim and your claim must include a proposed remedy. (Ind. Code § 34-13-3.5-4 (2024).) If you file a lawsuit (or other action) before giving this notice, the court must dismiss your case. (Ind. Code § 34-13-3.5-7 (2024).)
Indiana, like many states, caps the personal injury damages you can collect if you win your government claim. The limit is $700,000 per person and $5,000,000 for all injuries to all persons in a single occurrence. These caps also apply to wrongful death claims. (Ind. Code § 34-13-3-4 (2024).)
Punitive damages aren't allowed.
If you can't resolve your case at the notice of claim stage and you need to sue the government, you'll want to be familiar with Indiana's personal injury laws and case filing deadlines. In most personal injury cases, you have two years from the date you were hurt to file your case in court. (Ind. Code § 34-11-2-4(a)(1) (2024).)
But depending on the facts of your case, a different deadline might apply. Don't take needless chances with your claim. Speak to an experienced Indiana lawyer. And don't delay, because time is the enemy of your claim.
What's the most important thing you can do to improve your chances of winning? Hire an experienced Indiana government claims lawyer to guide you through the process. You're not familiar with all the special rules and procedures that apply to government claims. The government's lawyer understands those rules and procedures well, and knows how to use them against you.
Without experienced legal help on your side, it won't be a fair fight. When you're ready to move forward with your claim, here's how to find a government claims attorney near you.