When a person is injured and suffers injuries because of another’s negligence, state law allows the injured party to file an Indiana personal injury lawsuit against the negligent party. In instances where the injury occurred because of a government employee’s negligence or on government property, injury victims must deal with additional procedural hurdles. The Indiana Tort Claims Act (ITCA), identifies regulations that apply to individuals who seek compensation from the government. Indiana injury victims must submit a notice of the claim to Indiana city and county governments within 180 days from the date of their injury, and within 270 days if the claim is against the state.
Typically, the ITCA, allows injury victims to sue the government if the claim involves injuries from incidents such as medical malpractice from government health care providers, hazardous conditions at government buildings, motor vehicle accidents with government-owned cars, and other damages because of the government’s negligence.
For example, recently, the 7th Circuit issued an opinion stemming from an accident that occurred at a public swimming pond. In that case, a young girl visited a public swimming pond with her family when she ventured to the deep end and drowned. The public swimming pond was cordoned off by zones and monitored by lifeguards. However, despite these precautions, the young girl’s submersion went unnoticed.