Claims Against the State and Local Government
IC 34-13-3-8 — notice to a city, town or county within 180 days of the loss
| A claim against | Is barred unless notice is filed |
|---|---|
| A claim againstThe state | Is barred unless notice is filedWith the attorney general or the state agency involved within 270 days after the loss |
| A claim againstA political subdivision, such as a city, town, county or school | Is barred unless notice is filedWith its governing body, and the political subdivision risk management commission where it applies, within 180 days after the loss |
Who handles this in Indiana: legal aid programs and the state offices, listed in the Indiana directory.
No suit against a governmental entity may begin until the claim has been denied in whole or in part.
For a cause of action accruing on or after January 1, 2008, the combined liability of all governmental entities and their employees is capped at $700,000 for injury to or death of one person in an occurrence, and $5,000,000 for everyone in it. No punitive damages are allowed.
Notice filed with the wrong state agency does not bar a claim where the claimant reasonably tried to find and serve the right one.
Sources for this section (4)
- IC 34-13-3-4 — Limitation on aggregate liability; punitive damages prohibited
- IC 34-13-3-6 — Notice to attorney general and state agency involved
- IC 34-13-3-8 — Claims against political subdivisions; notice requirement
- IC 34-13-3-13 — Denial of claim as prerequisite to suit
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Indiana attorney.