If you have suffered an injury in an accident because of someone else’s negligence, you generally have the right to file a legal claim against them and seek compensation. That right doesn’t disappear just because the party responsible happens to be a government agency. However, the process for filing a lawsuit against a government entity in Florida differs significantly from that in a typical personal injury case.
Learning about how these rules work is critical because they could make or break your claim in its entirety. Read on to learn more about how government tort claims work in Florida and what an experienced attorney can do to help.
What Is Sovereign Immunity?
Sovereign immunity is a legal doctrine that historically prevented citizens from suing the government without its consent. The idea dates back centuries and was rooted in the principle that the government cannot commit a legal wrong. In practical terms, it meant that even when a government employee’s carelessness caused serious harm, the injured person had no legal path to hold the government liable.
That has changed over time. Both the federal government and individual states have passed laws that partially waive sovereign immunity in certain situations. Florida is one of those states.
Florida’s Waiver of Sovereign Immunity for Torts
The Sunshine State has agreed to waive sovereign immunity for tort claims under Florida Statutes §768.28. This means you can file a lawsuit against a government entity if one of its employees injures you through negligence while acting within the scope of their job.
There’s an important condition, though. The government’s liability exists only when a private person would also be held responsible for the same conduct. In other words, the same legal standards that apply to everyday negligence cases still need to be met. You’ll have to show that the government employee owed you a duty of care, breached that duty, and caused your injuries as a result.
Pre-Suit Notice Requirements
One of the biggest differences between a government tort claim and a standard personal injury case is the pre-suit notice requirement. Before you can file a lawsuit, you must first submit your claim in writing to the government agency involved. If the claim is against a state agency, you must also send written notice to the Department of Financial Services.
This step is mandatory. If you skip it, your case can be thrown out before it ever reaches a courtroom. Once notice is submitted, the agency or the Department of Financial Services has a set period to investigate and either accept or deny the claim. Once the claim is denied in writing, or the applicable investigation period expires without a final disposition, you may move forward with filing a lawsuit.
Damage Caps on Government Tort Claims
The amount of money you can recover from a government entity in Florida is limited by law. Damage caps are currently set at:
- $200,000 per individual claimant
- $300,000 per incident when multiple claimants are involved
These caps apply to the total amount you can collect, not just the judgment a court enters. Further, note that punitive damages aren’t available in claims against the government; only economic and non-economic damages are recoverable.
What Types of Personal Injury Cases Involve Government Tort Claims in Florida?
Government tort claims can arise from a wide range of situations and can take place almost anywhere.
Some of the most common include the following:
- Car accidents caused by government employees driving during work hours
- Dangerous road conditions caused by poor maintenance
- Injuries on government property due to unsafe conditions
- Medical malpractice at publicly funded hospitals
- Injuries at public parks, schools, and recreational facilities
- Law enforcement incidents involving excessive force or negligence
Each of these situations comes with its own set of facts and legal challenges. The type of government entity involved can also affect how your case is handled, since different agencies may have different procedures.
Contact an Experienced Tampa Personal Injury Attorney at Catania & Catania Injury Lawyers for Help With Your Claim
Government tort claims in Florida come with rules you won’t encounter in a standard injury case. From the pre-suit notice requirement to the strict damage caps, there are several places where a misstep can cost you your right to compensation entirely. That’s why having an attorney on your side who knows the process is so important.
Contact a Tampa personal injury lawyer at Catania & Catania Injury Lawyers today at (813) 222-8545 to schedule a free consultation. You can receive some initial legal advice about your case at that time without any obligations.
