Class action attorney: Non-priority victims still have case

AG, victim compensation expert discuss settlement process in State Fair tragedy


Indiana's Attorney General announced Wednesday, that families of victims who died in the state Fair Tragedy and those who were seriously injured will get first priority when the state hands out money from its Tort Claim Fund.

Current Indiana law caps the amount of settlements that can be paid out of the Fund to a total $5 million per incident.

Anyone else that has filed a claim will have to wait, but Indianapolis attorney Irwin Levin believes their time will also come. Levin is one of the attorneys representing a class action lawsuit which includes people who say they were emotionally or psychologically hurt by the stage collapse. He said they have a case, even if they're not the state's priority right now.

"Those claims are not as significant from a monetary standpoint as those who were physically devastated, but those are claims that Indiana law recognizes."

Levin said they are entitled to state funds, because there was a physical impact to their claim as required by state law.

"It doesn't apply to everyone who was a the concert," he explained. "It would include people who were hit, for example, by debris or by dirt; who were very close to the stage. And from that, if they can show that they had a psychological impact, that they had counseling, that it really impacted their lives, they too would have claims."

Levin applauded the announcement Wednesday, adding that prioritizing victims was the right thing to do. He said he looks forward to working with the state to claim settlements for his clients as well, although he's not sure when exactly that will happen.

"I'm encouraged that something fair and equitable will be worked out," said Levin. "That's all we've ever asked for since we started this case."


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