Before you file a lawsuit against a state agency, you have to do certain things. One of those things is filing what they call a Notice of Tort Claim.
In Indiana, the statute requires that if you’re going to sue a government entity civilly, whether that’s the state of Indiana, whether that’s a municipality like the city of Evansville, the city of Indianapolis, the city of Fort Wayne, you have to send a notice of tort claim. That notice includes various requirements which you’re alleging the witnesses involved, the claim of money that you’re seeking.
If you do not file that, then the government entity can file a motion to dismiss a complaint that’s filed in court. So it is a precondition to filing a complaint. Before you file a complaint, you have to do certain things, and you have to do certain things within a certain period of time.
The government knows these hurdles, and they know the requirements. They know that if you don’t do then, what action they need to take in order to put their client and the government in the best position possible.
You need counsel that knows these rules and knows how to put you in the best position possible. You need to seek out an individual that is knowledgeable, and that’s why the attorneys here at Keffer Hirschauer are skilled in this area of the law and understand it well. That’s why reaching out to us is critically important.