Legal Question in Civil Litigation in Indiana

Are states exempt from lawsuits?

My sister and her boyfriend were driving to the store here in Terre Haute, IN, when the road suddenly caved in under them from lack of repair. My sister, who is pregnant, has been having pain in her stomache since the accident and has been to her doctor's twice since the accident. Her boyfriend suffered a hairline fracture in his ankle and also injured his shoulder. My sister went to see a lawyer here in town and he would not take her case saying the city was exempt from such lawsuits. Is he correct or should my sister talk to a different laywer.


Asked on 5/16/05, 9:46 am

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Are states exempt from lawsuits?

States and municipalities are NOT exempt from liability. Indiana, like most states, has a Tort Claims Act, which prescribes the procedures for claims against a government entity. So it is no longer the case that "The King Can Do No Wrong." However, the King gets special treatment, and in matters concerning road conditions, there are very short limitations of time for filing a notice of claim. So by all means, contact another lawyer. Ask your local bar association for a referral to someone experienced in personal injury, especially government tort claims. Move swiftly. Good luck.

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Answered on 5/16/05, 11:26 am


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