Q. What in the world is a Tort Claim Notice? Why would I ever need one?

A. Have you ever been in a jail, a hospital, or some other institution where some harm has befallen you? If you have, you most likely have wondered what you might do about it. If the facility is run by the state, city or county and you are thinking that you might possibly bring suit when you get out, you must file a Tort Claim Notice. This is a notice that informs the state, county or city of the likelihood that litigation might ensue.

Q. How much time do I have to file this notice?

A. Within ninety days of the incident, you must file the Tort claim notice or you will not have access to the courts. The time for giving notice does not include the time, not exceeding ninety days, during which the injured person is incapacitated from giving the notice by reason of injury.

Q. What information should be included in this notice?

A. It needs to be a brief written notice stating the date, time, place and circumstances of the loss or injury.

Q. Do I have to file suit at the same time?

A. No, there is a two year statute of limitations for the actual filing of a lawsuit.

Q. To whom do I mail the Tort Claim Notice?

A. 1. For claims against the State: to the risk management division of the state.

2. For claims against the city or municipality: to the mayor's office claims department.

3. For claims against the county: to the county clerk's office.