Statute of Limitations Against a Governmental Entity or Employee
Generally speaking, a person injured in an accident due to the negligence of another driver, has only two years in which to file a claim against the responsible party according to the Indiana Statute of Limitations. [See IC 34-11-2-4 Specific Statutes of Limitation] However, when the responsible party, in whole or part, is a governmental entity, a Tort Claim Notice must be filed within 180 or 270 days, depending upon the government branch, i.e. State or local. [See IC 34-13-3 Tort Claims Against Governmental Entities or Public Employees] If the Notice of Tort Claim is not filed within this period of time, the injured party forfeits their right to file a claim against the entity even though the two-year Statute of Limitations has not expired.
Speak with an attorney immediately after the accident or injury
If you have been injured in an accident caused by the negligence of a patrolling police officer, ambulance, fire truck, taxi, city bus or otherwise obvious governmental vehicle, an attorney experienced in personal injury law would file a Notice of Tort Claim with the proper agency within the period appropriate to the Statute of Limitations. However, if the negligent party is a state or local public employee in a private vehicle and is performing the business of the government at the time of the accident, it is unlikely that you would learn that information without the work of a private investigator hired by your attorney or through the discovery process brought about through litigation.
It’s not unusual for an attorney to be contacted months after an accident occurs. With the best of intentions, some people will deal directly with an insurance company until the process develops in complexity. But if too much time has elapsed and the public agencies have not been put on Notice within the respective 6 or 9 month period of time, the injured person may lose their ability to recover for medical bills and disabilities.
Contact Experienced Indianapolis Personal Injury Lawyer for a Free Consultation
If you suffer injuries due to the negligence of other parties, it costs nothing to obtain an accurate assessment of your legal options. To discuss your personal injury, auto accident, or wrongful death matter, contact the knowledgeable Indianapolis personal injury lawyers at Ward & Ward. They offer free initial consultations and are available to speak with you 24 hours a day, 7 days a week.
728 S Meridian St
Indianapolis, IN 46225