Can I File a Claim if I Am Injured in a Public Space in Indiana?

Public parks, streets, and sidewalks are common injury locations, often due to slip and falls. When these accidents happen, do victims have claims, and if so, against whom?

You may be able to file a claim if you are injured in a public space in Indiana, and our lawyers can confirm liability soon after an accident. Once we do, we must submit a notice of a claim almost immediately because of the expedited deadlines in cases involving governmental entities. Filing claims can result in compensable damages for victims, which we can seek to maximize despite compensation caps in Indiana. Quickly acting is crucial after accidents in public spaces, or victims might miss important deadlines and lose their opportunity for recovery.

To schedule a free case assessment with our Indiana personal injury lawyers, call Wruck Paupore at (219) 322-1166.

Can You File a Claim After an Injury in a Public Space in Indiana?

Whether or not you can seek compensation against a governmental entity for a personal injury depends on its liability under I.C. § 34-13-3-3, which our lawyers can confirm when reviewing your case.

For example, governmental entities and employees are not liable for the natural condition of unimproved property, like hiking trails. You likely wouldn’t have a claim if you tripped and fell under such circumstances. However, if you were struck by a government employee operating a government vehicle while walking on a public road, you would have a case. Failure to salt public roads or sidewalks during icy weather could lead to devastating slips and falls, also warranting compensation. Victims could seek damages in claims against local municipalities or other appropriate governmental entities in these instances and others, which our Indianapolis personal injury lawyers can help identify.

What Must You Do Before Filing a Claim for Being Injured in a Public Space in Indiana?

Like most states, Indiana protects itself, its cities, and its counties from liability for personal injuries in some capacity. While you may be able to file a claim for compensation after being injured in a public space, you will likely have to follow some strict procedures or risk your recovery.

For example, claims against a state agency are barred unless victims first send a notice of a claim against the attorney general or state agency involved in the case within 270 days of injury, according to § 34-13-3-6.

Claims against cities, counties, and other political subdivisions must also be proceeded by a notice to the appropriate governing body. This notice must come even sooner, within 180 days of the accident or injury, according to § 34-13-3-8. This difference in deadlines for filing claim notices is large enough to cause issues for victims, unsure whether the liable party is a state or municipal agency, which our lawyers can confirm to avoid such issues.

When submitting a notice of a claim, our lawyers will ensure it contains the appropriate information prescribed by § 34-13-3-10, such as your cause of action, the accident’s location, all involved parties, and your total damages. We will also take this time to gather police reports related to the accident, photos you took of your injuries or the scene, statements from eyewitnesses, and medical reports from hospitals, all of which we will need to prove your injuries and damages from the accident.

How Soon Can You File a Claim After Sending Notice of Your Injury in a Public Space in Indiana?

Upon receiving your notice, the government agency liable for your damages has 90 days to respond, according to § 34-13-3-11. If it does not agree to cover your damages in full or parties cannot settle during that time, you can proceed with filing your case in court.

Denial is a prerequisite to filing a compensation claim with the court against a governmental entity for a personal injury in a public space due to hazardous conditions. So, not only is sending the notice of a claim soon after an accident important, but so is seeing it through and fighting for your deserved damages. Accepting a settlement at this stage could leave crucial compensation on the table.

You can proceed with your claim in court after receiving a full or partial rejection, and our lawyers can prepare for this so as not to unnecessarily delay your financial recovery.

What Damages Can You Recover After Being Injured in a Public Space in Indiana?

While compensation is limited in cases against government entities for injuries in public spaces, our lawyers can seek to maximize your recovery so you get your medical bills, lost wages, and other damages covered.

Indiana limits the liability of governmental entities and employees who act within the scope of their employment under § 34-13-3-4. According to this statute, total compensation is limited to $700,000 for injury or death per person and $5 million for injury or death per accident. This compensation would go toward any damages you incurred, namely your hospital expenses and missed income.

To recover any damages, our lawyers prove you incurred them. We can achieve this by copying bills from hospitals and providers and keeping track of your lowered earning capacity since the accident and other damages you might incur, such as transportation costs to and from doctor appointments.

The damages you recover in a claim for an accident in a public space in Indiana should come relatively quickly once the case ends, too. According to § 34-13-3-18, compensation must come within 180 days of settlement or award, barring appeals and unless there is an agreed-upon structured settlement. Otherwise, the at-fault governmental entity is also liable for an annual 6% interest on the settlement or award in Indiana.

Call Our Lawyers in Indiana to Discuss Your Injury Case Today

Call the Hammond, IN personal injury lawyers at Wruck Paupore for help with your case at (219) 322-1166.