How to File a Tort Claim

Provided by Health & Hospital Corporation of Marion County (HHC)

Anyone who has a claim for personal injury or property damage against Health & Hospital Corporation of Marion County (“The Corporation”) must make the claim in writing as prescribed in Indiana Code 34-13-3 and must include the following:

  1. Name and address of claimant
  2. Claimant's telephone number
  3. Location, date and time of alleged occurrence
  4. Short and plain statement of the facts on which the claim is based, including names, addresses and phone number of witnesses (if applicable), circumstances that brought about the loss, the time and place the loss occurred
  5. Damage(s) and/or injury sustained
  6. Extent of loss or repair if known (copies of estimates, bills, receipts, photos, etc., may be provided if possible)
  7. Amount of damages sought
  8. The residence of the person making the claim at the time of the loss and at the time of filing the notice.
  9. Letter should be addressed to:
    Health & Hospital Corporation
    Attn: Legal Department
    3838 North Rural Street 
    Indianapolis, Indiana 46205
  • DO NOT DELAY MAKING YOUR CLAIM.  INDIANA LAW GIVES YOU ONLY 180 (ONE HUNDRED EIGHTY) DAYS AFTER THE LOSS TO MAKE A CLAIM, AND IT MUST COMPLY WITH Indiana Code 34-13-3.
  • EACH PERSON WHO HAD A LOSS SHOULD FILE A SEPARATE CLAIM.
  • KEEP A COPY OF YOUR CLAIM, YOUR RECEIPTS FOR YOUR BILLS AND YOUR CERTIFIED OR REGISTERED MAIL RECEIPT.
  • If your claim is properly filed, the Corporation will investigate it and will notify you in writing within 90 days of receipt if your claim is approved.  A claim is denied if not approved within 90 days.
  • The filing of this claim is part of a legal process.  If you have any questions about the right way to file a claim, you should contact an attorney of your choice.  The Corporation’s attorneys are not authorized by law to assist you with filing this claim; however, for your information, the following is a list of actions or conditions resulting in nonliability pursuant to Indiana Code 34-13-3:

Sec 3.  A governmental entity or an employee acting within the scope of the employee's employment is not liable if a loss results from:

(1)   the natural condition of unimproved property;

(2)   the condition of a reservoir, dam, canal, conduit, drain, or similar structure when used by a person for a purpose which is not foreseeable;

(3)   the temporary condition of a public thoroughfare which results from weather;

(4)   the condition of an unpaved road, trail, or footpath, the purpose of which is to provide access to a recreation or scenic area;

(5)   the initiation of a judicial or an administrative proceeding;

6)   the performance of a discretionary function;

(7)   the adoption and enforcement of or failure to adopt or enforce a law (including rules and regulations), unless the act of enforcement constitutes false arrest or false imprisonment;

(8)   an act or omission performed in good faith and without malice under the apparent authority of a statute which is invalid, if the employee would not have been liable had the statute been valid;

(9)   the act or omission of anyone other than the governmental entity or the governmental entity's employee;

(10)   the issuance, denial, suspension, or revocation of, or failure or refusal to issue, deny, suspend, or revoke, any permit, license, certificate, approval, order, or similar authorization, where the authority is discretionary under the law;

(11) failure to make an inspection, or making an inadequate or negligent inspection, of any property, other than the property of a governmental entity, to determine whether the property complied with or violates any law or contains a hazard to health or safety;

(12) entry upon any property where the entry is expressly or impliedly authorized by law;

(13) misrepresentation if unintentional;

(14) theft by another person of money in the employee's official custody, unless the loss was sustained because of the employee's own negligent or wrongful act or omission;

(15) INJURY TO THE PERSON OR PROPERTY OF A PERSON UNDER SUPERVISION OF A GOVERNMENTAL ENTITY and who is:

(A)   on probation; or

(B)   assigned to an alcohol and drug services program under IC 12-23, a minimum security release program under IC 11-10-8, or a community corrections program under IC 11-12;

(16) design of a highway (as defined in IC 9-13-2-73), if the claimed loss occurs at least twenty (20) years after the public highway was designed or substantially redesigned; except that this subdivision shall not be construed to relieve the responsible governmental entity from the continuing duty to provide and maintain public highways in a reasonably safe condition; or

(17) development, adoption, or implementation, operation, maintenance, or use of an enhanced emergency communication system.

Frequently Asked Questions Regarding the Tort Claim Process

Q: How long does it take to process my claim?

A: By law, the Corporation has ninety (90) days to process your claim.  Sometimes it may be quicker, but it usually takes ninety (90) days.

Q: I sent notice of my tort claim, but I have not heard anything. When can I expect to hear something?  

A: You will receive a response, either denying your claim or offering a settlement, approximately ninety (90) days from the date you filed. Until then, we do not send correspondence.  

Q: If I am entitled to compensation when can I expect it? 

A: If your claim is properly filed, the Corporation will investigate it and will notify you in writing within 90 days of receipt if your claim has been approved.  If the Corporation pays your claim, you will receive settlement paperwork.  Once we receive properly executed copies with original signatures (no copies or faxed signatures), it will take 5-7 weeks from date we receive your executed settlement paperwork before you receive your check. See also question number 9 below.

Q: Why does the Corporation investigate?  

A: The Corporation does not settle every tort claim.  Each Tort Claim is investigated to make a detailed inquiry or examination to determine if the Corporation was at fault.

Q: How will I get my answer?

A: We will notify you in writing within 90 days of receipt if your claim is approved.  By law, a claim is denied if not settled within 90 days. 

Q: What is the settlement process?

A: If the Corporation approves payment of a tort claim, the Corporation’s Legal Department will mail the settlement paperwork to the Claimant. The paperwork must be signed by the Claimant. All paperwork must have the original signature. The Corporation cannot accept settlement paperwork that has been faxed or scanned and emailed to the office. Once the properly executed paperwork is received by the Corporation’s Legal Department, the Claimant will receive the settlement check within approximately 5-7 weeks. Please allow this time before inquiring about your payment.

 

Our Divisions

eskenazi-012013 EHF logo-V-cmyk1