While it may be easy to file a claim against a private hospital for medical malpractice, what happens when you’re injured in a public hospital? Do you sue the doctor, or should you sue the government? In addition to this legal dilemma, a claim brought against the government is increasingly lengthy, with numerous rules, conditions, and timelines to which you must adhere. A failure to follow the procedure could leave you exposed or, worse still, have your claim thrown out.
You must understand the laws to succeed in your claim against government agencies. You equally need a grasp of your rights and responsibilities. Read this blog to find out how to successfully file a claim against a government agency in Indiana.
The Tort Claims Act
This law governs the process of recovering claims against the government or its employees. According to the act, you have a right to bring a claim for damages if you suffered harm when a government entity or an employee of a government agency was acting within the scope of their duties.
Immunities
Remember that you cannot simply approach a lawyer and institute a claim like in other personal injury claims. You must be familiar with the concept of immunities—this limits the liability of the government or its agents for certain actions. Take note that immunity is not a blanket defense. So, what are the circumstances when the government is immune?
Liability is the Rule: Immunity is the Exception
Indiana applies this doctrine. The gist of the rule is that the government will be liable for all personal injury claims unless an exception exists. The instances where the government cannot be held liable include:
- Effect of weather on roads and properties
- Failure to inspect your private property
- Discretionary decision making
- If your injury is associated with an emergency communication system
- If you’re injured on an unpaved trail leading to a recreational zone
- If the action relates to licensing and permits
Claims You Can Bring Against the Government and Its Agencies
If you’ve been injured in an auto accident involving a government employee, you are within your rights to institute your claim. Similarly, you can claim damages if your auto accident results from poor roads or dangerous highways.
Medical malpractice is another instance when seeking compensation is allowed. Furthermore, any fall in a public building or walkway due to poor and dangerous conditions warrants a right to sue the government.
Filing a Claim
You have 180 days after your loss to file your claim. This should be done in writing by filing the Notice of Tort Claim per the instructions. Note that this is a legal process, and an attorney can guide you in correctly filling the claim. Ensure that you keep a copy of your claim, the receipts of your bill, and the mail receipt. Either certified or registered can suffice here.
Remember that every person who suffered a loss must file a separate claim form. After that, The Office of Corporation Counsel will review the claims and provide an approval or denial within 90 days. The law considers a claim denied if it has not been resolved within 90 days. Consult your attorney to assist you in clearly filling out your claim.
A settlement offer should be sent to you by the OCC if they decide that your claim should be paid. Review this offer with your attorney against the actual cost of your injuries. However, note that the limit cover in Indiana is $700,000 per person.
Conclusion
The challenge of filing a claim against the government or its agencies is mainly the notices and timelines related to the claim. Not only are the timelines short, but you must also fill the notices in time and in the correct format. Identify whether the action in question is covered by immunity, as the court can easily throw out your claim if you lack a cause of action. “If you’ve suffered injury as a result of negligence from a government agency, speak to an attorney for counsel on your options for compensation,” says personal injury lawyer David W. Holub of the Law Offices of David W. Holub.
Source: David Holub Law, Indiana
