If you believe you have incurred property damages or personal injury due to the negligence of a state employee or state official, there is a process to file a claim for damages against the State. The types of claims that can be brought against the State are specified in T.C.A. 9-8-307. Some of the most common types of claims are:
- Negligent operation of a state vehicle or machinery
- Negligent condition on state property
- Negligently created or maintained condition on a state highway
- Negligent care, custody and control of persons or personal property
- Professional malpractice
- Breach of contract
Please refer to T.C.A. 9-8-307 for the complete listing of the types of claims that can be brought against the State.
To file a claim against the State, you must give written notice of the claim to the Division of Claims Administration. Note that you do not initiate tort liability, contract or workers’ compensation claims directly with the Tennessee Claims Commission, which was created to hear those claims that are not resolved at the Division of Claim Administration within a time frame set by statute and to hear appeals of decisions rendered by the Division of Claims Administration.
Click here for a Claim for Damages claim form. This claim form is NOT required though. You may submit a claim in any written format. Your written notice of claim to the Division of Claims Administration should include any facts and details that are relevant to the claim. You must also provide documentation to support your demand for damages. For example, if you are making a claim for damage to your vehicle, you must provide two (2) repair estimates. If you are making a claim for personal injuries, you must provide all of your medical bills and treatment notes from your physician.
T.C.A. 9-8-402 provides that the Division of Claims Administration has ninety (90) days from the date of receipt of a claim to investigate and either approve or deny the claim. If the Division of Claims Administration does not approve or deny the claim within that time period, then the jurisdiction of the claim automatically transfers to the Tennessee Claims Commission. If this occurs, the Division of Claims Administration will notify you of the transfer.
If a claim demand exceeds $25,000, or if it is a breach of contract action, the Division of Claims Administration will turn the claim over to the State Attorney General’s Office for investigation. After ninety (90) days from the date of filing, jurisdiction also automatically transfers to the Tennessee Claims Commission. If this occurs, the Division of Claims Administration will notify you of the transfer.