What Is A Tort?
Basically, a tort is a civil wrong that results in damages or injuries. As a public entity, you fall under the Idaho Tort Claims Act. This Act defines what needs to be done to file a claim against a public entity. It also lists several protections for public entities in the event of a claim.
What do I do when someone wants to file a claim against my entity?
We have included a "NOTICE OF TORT FOR DAMAGE OR INJURY" form on our website. This form is provided to assist you in the process of handling this type of claim and to make it easier for everyone involved. People who want to file a claim against your entity do not have to use this particular form. They can submit a claim to your entity on separate paper, but it must be in written form and meet the requirements outlined by the Idaho Tort Claims Act. Verbally telling you about a claim does not satisfy the filing of a claim against your entity. Sometimes, you will receive a claim for damage from an attorney representing an injured person. Do not be alarmed. Though an attorney is involved, it is still just a claim for damage; a suit has not yet been filed. One last item, it is important to understand that "filed" simply means that the claim has been presented to the clerk or secretary for consideration. The claim can be mailed or hand-delivered.