When dealing with a personal injury claim against the State of Indiana or other governmental or quasi-governmental entity in Indiana, it is important to understand that the laws are significantly different than if you were making a claim against and individual or private entity. First and foremost, Indiana's Comparative Fault Act does not apply to a governmental entity. This is significant, because any contributory negligence on the part of the claimant could act as a complete bar to any recovery against a governmental entity. Secondly, there are time limitations for notifying the state by sending what is called a "Tort Claim Notice," alerting the governmental entity of your intent to make a claim. Lastly, there are limitations on the amount of damages that you can claim from a governmental entity. Most recently, we see this playing out with the victims of the Indiana State Fair stage collapse. Currently, damages against the State of Indiana are capped at $700,000 per individual, or a total of $5 million per incident. Some Indiana lawmakers are proposing that the caps on damages against the State and local governments be increased. Others are challenging the caps on the basis that they are unconstitutional. The bottom line is that any time you think you may have a claim against the State or Local Government, you should seek the advice of an experienced personal injury attorney. For more information, click to learn more about the Indianapolis Injury Attorneys at Goodin Abernathy, LLP.
Answered on Sep 27th, 2011 at 3:52 PM