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How do I file a personal injury claim against the city?

On Behalf of | Nov 4, 2021 | Personal Injury |

If you get into an accident with a city vehicle or you suffer an injury on city property, you will need to make a personal injury claim against the city. This is a different process than suing an individual because it is a government entity.

Indy.gov explains state law will dictate how you file your claim, and the rules may be quite different from filing a typical personal injury claim against an individual.

Time limit

The first important point to note is the time limit. With a personal injury claim against an individual, you usually have a decent amount of time to file your claim. However, if you want to file against the city, you have 180 days after the incident to file. If you fail to file within the time limit, your claim will not stand up.

Liability

Another concern is that the city may not have the same liability as an individual would. State law provides exemptions for the city, so you will need to make sure your claim falls under the liability of the city government before you make a claim.

Ruling body

Another difference between a claim against an individual and the city is that you will not file with the court. If you have a claim against another person or non-government entity, you file your claim with the court and go before a judge.

When you file a claim against the city, it goes to the Office of Corporation Counsel. The OCC then makes a ruling and decision in the case. It has 90 days to do so, and if you get no response in that time, you can take it as a denial.

Upon a decision to accept your claim, you will receive paperwork for a settlement. You will then have to go through negotiations to settle the claim.