Ind. Code » Title 34
Indiana Code

Ind. Code § 34-13-3-10 (2026)

Notice requirement; form of statement

✓ current as of May 2026
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     Sec. 10. The notice required by sections 6, 8, and 9 of this chapter must describe in a short and plain statement the facts on which the claim is based. The statement must include the circumstances which brought about the loss, the extent of the loss, the time and place the loss occurred, the names of all persons involved if known, the amount of the damages sought, and the residence of the person making the claim at the time of the loss and at the time of filing the notice.

[Pre-1998 Recodification Citation: 34-4-16.5-9.]

As added by P.L.1-1998, SEC.8.

 

Notes of Decisions
Cited in 45 cases (10 in the last 5 years), 1998–2026 · leading case: Judy Chang v. Purdue Univ., The Trs. of Purdue Univ. Dr. France A. Cordova, President of Purdue Univ. (in her Off. capacity), 985 N.E.2d 35 (Ind. Ct. App. 2013).
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Judy Chang v. Purdue Univ., The Trs. of Purdue Univ. Dr. France A. Cordova, President of Purdue Univ. (in her Off. capacity), 985 N.E.2d 35 (Ind. Ct. App. 2013). · cites it 6× “I.C. § 34-13-3-10 (West, Westlaw current through 2012 2nd Reg.”
Jason T. Myers v. Thomas D. Maxson Amy L. Hutchison Bruce W. Graham & Trueblood & Graham (In their Off. & Individual Capacities) (mem. dec.), 51 N.E.3d 1267 (Ind. Ct. App. 2016). · cites it 4× “As set forth in Ind. Code § 34-13-3-10 , the ITCA provides that the notice must include the following information in a short and plain statement: (1) the circumstances that brought about the loss, (2) the extent of the loss, (3) the time and place the loss occurred, (4) the…”
Budden v. Bd. of Sch. Commissioners, 698 N.E.2d 1157 (Ind. 1998). · cites it 5× “” Ind.Code § 34-13-3-10 (1998). “The person making the claim” and “the claim” are not defined.”
John W. Schoettmer & Karen Schoettmer v. Jolene C. Wright & South Cent. Cmty. Action Prog., Inc., 992 N.E.2d 702 (Ind. 2013). · cites it 2× “The notice “must describe in a short and plain statement the facts on which the claim is based,” including “the circumstances which brought about the loss, the extent of the loss, the time and place the loss occurred, the names of all persons involved if known, the amount of the…”
City of Indianapolis v. Rachael Buschman, 988 N.E.2d 791 (Ind. 2013). · cites it 2× “Ind.Code § 34-13-3-10 (2008). Like any statute in derogation of the common law, the ITCA “must be strictly construed against limitations on the claimant’s right to bring suit.”
Fowler v. Brewer, 773 N.E.2d 858 (Ind. Ct. App. 2002). · cites it 2× “I.C. § 34-13-3-10 states that the notice must include the following information in a short and plain statement: (1) the circumstances that brought about the loss, (2) the extent of the loss, (3) the time and place the loss occurred, (4) the names of all persons involved if…”
Snyder v. Town of Yorktown, 20 N.E.3d 545 (Ind. Ct. App. 2014). · cites it 2× “Snyder admits, however, that her attorney’s letter was not intended as an attempt at providing tort claim notice and that it did not include the information required by Indiana Code Section 34-13-3-10. We agree with the trial court that, at best, it appears that Snyder’s…”
Town of Knightstown v. Dudley Wainscott, 70 N.E.3d 450 (Ind. Ct. App. 2017). · cites it 2× “” I.C. § 34-13-3-10. The notice must be in writing and delivered in person or by registered or certified mail.”
Howard Cnty. Bd. of Commissioners v. Lukowiak, 810 N.E.2d 379 (Ind. Ct. App. 2004). · cites it 2× “Ind.Code § 34-13-3-10 (Burns Code Ed. Repl.”
Boushehry v. City of Indianapolis, 931 N.E.2d 892 (Ind. Ct. App. 2010). · cites it 2× “…tortious acts committed by the governmental agency is not sufficient to support a subsequent cause of action. See Ind.Code § 34-13-3-10.”
Smith v. Miller Builders, Inc., 741 N.E.2d 731 (Ind. Ct. App. 2000). · cites it 2× “Ind.Code § 34-13-3-10. With respect to the notice that the Smiths sent to the Surveyor in this case, the trial court found as follows: The notice was sent to [the Surveyor], among others, at least according to the heading.”
Alexander v. City of South Bend, 256 F. Supp. 2d 865 (N.D. Ind. 2003). · cites it 2× “Ind.Code 34-13-3-10; See also LCEOC, Inc.”
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