Most personal injury cases in Florida involve private individuals or companies, but what happens if a government employee or agency caused your injuries? No matter if you were hurt in a car accident with a city worker or slipped and fell at a public building, you might be able to file a claim under Florida’s government tort laws.
However, these cases follow very different rules from standard personal injury claims. If you plan to take legal action, it’s important to understand the process and your rights under Florida law. This article will explain what you need to know.
What Is a Government Tort Claim?
A government tort claim is a legal action filed against a government agency or employee for negligence.
In Florida, this includes state, county, and municipal entities such as:
- State departments (like the Florida Department of Transportation)
- Public schools and school boards
- City governments
- Law enforcement agencies
- Public hospitals and other government-run facilities
Florida law generally protects the government from being sued. However, the state has waived some of its immunity and allows lawsuits under limited circumstances under Section 768.28 of the Florida Statutes, referred to as the Florida Tort Claims Act (FTCA).
How Government Claims Differ From Regular Personal Injury Cases
Government tort claims come with unique requirements. If you’re injured by a government employee or on government property, you cannot simply file a lawsuit right away like you could in a typical personal injury case. You must follow specific legal steps first.
Some of the main differences include:
- You must give written notice of your claim within a certain time
- There are strict deadlines for filing your claim
- You may be limited in how much compensation you can receive
- Specific actions may still be protected by sovereign immunity, meaning no lawsuit is allowed at all
Failing to follow these rules can result in your claim being denied entirely, making legal representation especially important for your interests.
What Is the Process for Filing a Government Claim in Florida?
Before you can sue the Florida government, you must provide written notice to the appropriate agency and to the Florida Department of Financial Services.
This notice must include key information such as:
- Your name and contact details
- The date, time, and location of the incident
- A brief explanation of what happened
- A description of your injuries and damages
Once the notice is received, the government has six months to investigate and respond. You cannot file a lawsuit until after this period has passed unless the agency formally denies your claim earlier.
It’s essential to act quickly to protect your legal rights. In most cases, the notice must be filed within three years of the date of the injury. For wrongful death claims, the deadline is two years.
Examples of Government Tort Claims
Government negligence can take many forms.
Some of the most common types of government tort claims in Florida include, but are not limited to, the following:
- Car accidents involving government vehicles
- Falls caused by dangerous conditions on public property
- Medical malpractice in a state-run hospital
- Injuries from unsafe conditions in public schools
- Wrongful actions by law enforcement
Each of these claims may be treated differently depending on the specific agency involved and the nature of the injury. If you’ve been harmed due to the actions or inaction of a government employee or entity, there’s at least a chance you have a valid claim worth pursuing.
Are There Limits on Compensation in a Florida Government Tort Claim?
Yes. The FTCA places a cap on how much money you can recover from a government agency. Currently, the limits are $200,000 per person or $300,000 per incident (total, no matter how many people were injured). However, you can still pursue both economic and non-economic damages in a government tort claim, like you would in another type of personal injury case.
You also cannot recover punitive damages or interest on your judgment. This makes building a case supported by evidence and expert input even more important.
Contact the St. Petersburg Personal Injury Attorneys at Winters & Yonker Personal Injury Lawyers for Help Today
If you were injured due to the actions or negligence of a Florida government employee or agency, you may have the right to file a government tort claim. However, the rules are strict, and the process can be hard to navigate on your own.
Our experienced St. Petersburg personal injury lawyers at Winters & Yonker Personal Injury Lawyers can explain your legal options and help you take the right steps to protect your rights. We also work on a contingency fee basis, which means you pay nothing unless we win compensation for your case.
Contact us today to schedule a free consultation.