Victims seeking settlements asked to file customized claim forms by November 1
INDIANAPOLIS – Families of those who died and victims who were injured in the Indiana State Fair incident on August 13, 2011, are asked to complete a new customized claim form, now available online and through a toll-free number, in order to seek monetary settlements from the State.
By completing the posted claim form, victims can apply for payments from the Indiana Tort Claim Fund under an expedited process established by Attorney General Greg Zoeller. Created by law, the Tort Claim Fund is made up of public dollars and exists so that individuals can receive settlement payments from the State without necessarily having to hire an attorney or go to court.
“Our focus and our priority will be on compensating the families of those who died and those who were injured in the State Fair tragedy so that they are treated equitably,†Zoeller said.
The claim form can be downloaded from the website of the Office of the Indiana Attorney General at http://www.in.gov/attorneygeneral/2849.htm
The form also can be obtained by calling the toll-free claim-intake line at: 1-800-760-4616.
The Indiana Attorney General’s Office has hired an experienced claims-management firm, JWF Specialty Company of Indianapolis, to handle the claims intake and process forms. The JWF claims managers who answer calls to the toll-free number are prepared to assist victims with any questions about the claim-form process.
Victims and their families are asked to file their claims using the customized form no later than November 1 so that requests can be reviewed in an expedited manner. The information the form is seeking will assist the State in distributing settlement payments under a streamlined process to victims of the State Fair incident. This process is for the State’s Tort Claim Fund only, not for private charitable donations.
Before the customized form was set up, a total 21 claimants already had filed tort notices with the State of Indiana using the regular process. A tort notice is a standard legal notice that must be filed with the State before an individual can bring any lawsuit against the State. Those earlier claimants are asked to also complete the customized form and provide any requested information they had not included previously.
The Attorney General’s Office developed the form – customized for the State Fair incident – with the assistance of Kenneth Feinberg, the nationally-recognized expert who administered victim compensation funds after 9/11, the Virginia Tech shootings and the BP Gulf of Mexico oil spill. Feinberg is donating his consultant services at no cost to the State or taxpayers.
Feinberg and the Attorney General’s Office will review the claims and recommend distribution of settlement payments out of the Tort Claim Fund according to a new protocol Feinberg is developing. That protocol, setting forth the classifications of payments that each group of victims will be paid, will be announced soon.
By law the State of Indiana is limited to paying no more than $700,000 per individual or $5 million per incident to settle tort claims. In providing settlement payments on an expedited basis up to the total $5 million limit for the overall incident, the State does not admit liability. Claimants who choose not to accept a settlement offer have the legal right to pursue a lawsuit against the State, but the individual and per-incident limits on liability still apply.
Claimants legally have 270 days to file a tort claim notice with the State, however the Attorney General’s Office is informally requesting claimants file the customized forms by November 1 in order to expedite financial assistance to victims and families of victims who choose to participate. Valid claims can be filed after November 1, but funding will likely be exhausted and not available to settle those claims after that date.
The Office of the Indiana Attorney General represents the State in various legal matters related to the State Fair tragedy. By statute, the Attorney General reviews claims and makes recommendations to the Governor for his consent before any settlement payments are made on behalf of the State.
Separately, the Indiana State Fair Commission is developing a framework for distributing private charitable donations made to the Indiana State Fair Relief Fund to assist victims. Feinberg also is advising the State Fair Commission on protocols for eligibility and payment amounts from the relief fund. Since payments from that private fund will be charitable gifts, they will utilize a separate process that will be announced at a later date. The website and phone number listed above are for State tort claim compensation only, not for payments from the relief fund.
