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.
The family filed a lawsuit against the municipality, arguing that the government violated her Fourteenth Amendment due process rights. They claimed that the pond was a state-created danger, and the government increased the likelihood of risk. The municipality moved to dismiss the lawsuit arguing that they did not engage in any behavior to increase the danger to the young girl before her drowning. The court ruled in favor of the government and found that the municipality did not create a threat merely because it operated the public swimming pond. Moreover, it held that the government did not engage in any egregious behavior. However, the court did state that a negligence lawsuit based on premises liability may be appropriate in this matter.
Indiana injury victims who suffer injuries, such as the one discussed above, should seek representation from a dedicated attorney to discuss their rights and remedies. In many cases, a government entity may face liability for injuries sustained because of their negligent maintenance of a recreational facility. Claims against the government require strict adherence, and victims should contact an Indiana injury attorney as possible to preserve their claim.
Have You Suffered Injuries in an Indiana Accident?
If you or a loved one has sustained injuries because of an Indiana government employee’s or entity’s negligence, you should contact the Indiana injury law firm of Padove Law. Indiana attorney Burton A. Padove has vast experience handling various types of accident lawsuits, including Indiana car accidents, and other claims against government entities. He also understands the importance of dedicated and zealous advocacy and provides an exceptional level of representation to each of his clients. Attorney Padove has assisted countless Indiana injury victims in getting the compensation they deserve. Compensation in personal injury lawsuits often includes payments for past medical bills, future medical costs, pain and suffering, burial expense, and pain and suffering. Contact Mr. Padove at 877-446-5294 to discuss your case.