(1)

1. (a) Within 60 days of the filing of a notice of claim, the governmental entity or its insurance carrier shall inform the claimant in writing that the claim has either been approved or denied.
2. (b) A claim is considered to be denied if, at the end of the 60-day period, the governmental entity or its insurance carrier has failed to approve or deny the claim.

(2)

1. (a) If the claim is denied, a claimant may pursue an action in the district court against the governmental entity or an employee of the entity.
2. (b) Subject to Subsection (3), a claimant shall commence the action within one year after denial of the claim or within one year after the denial period specified in this chapter has expired, regardless of whether or not the function giving rise to the claim is characterized as governmental.

(3)

1. (a) As used in this Subsection (3), "claimant" includes a representative of an individual:

   1. (i) who dies before an action is begun under this section; and
   2. (ii) whose cause of action survives the individual's death.

2. (b) A claimant may commence an action after the time limit described in Subsection (2)(b) if:

   1. (i) the claimant had commenced a previous action within the time limit of Subsection (2)(b);
   2. (ii) the previous action failed or was dismissed for a reason other than on the merits; and
   3. (iii) the claimant commences the new action within one year after the previous action failed or was dismissed.
3. (c) A claimant may commence a new action under Subsection (3)(b) only once.