Filing a Lawsuit Against a Government Entity in Florida

Introduction

Suing a government entity in Florida is different from filing a lawsuit against a private individual or business. Special legal rules, shorter deadlines, and damage limitations apply when pursuing a claim against a city, county, state agency, or public employee.

This guide explains when you can sue the government, the process for filing a claim, and what challenges you may face when seeking compensation.

When Can You Sue a Government Entity in Florida?

Under the Florida Sovereign Immunity Act (Florida Statutes § 768.28), the government can be held liable for injuries caused by its employees or agencies in certain cases.

You may be able to file a claim if:

• A government employee’s negligence caused an injury or property damage.
• A dangerous condition on public property led to an accident (such as a pothole or sidewalk defect).
• You were injured in a car accident involving a government vehicle.
• A public hospital or government-run healthcare facility committed medical malpractice.

However, sovereign immunity still protects the government from lawsuits for intentional misconduct or discretionary decisions, such as passing laws or making policy changes.

Common Types of Government Liability Claims

Some of the most common reasons people sue the government in Florida include:

• Slip and falls on public property due to uneven sidewalks, poor lighting, or unsafe conditions.
• Car accidents involving police cars, fire trucks, ambulances, or city vehicles.
• Medical malpractice at public hospitals or VA healthcare facilities.
• Injuries in public parks, schools, or government buildings.
• Negligent security at public events or government-run facilities.

If a government agency or employee fails to maintain safe conditions, they may be held responsible for resulting injuries.

Steps to File a Lawsuit Against a Government Agency

Filing a lawsuit against the government requires following strict legal procedures. Failure to meet deadlines or requirements could result in a claim being dismissed.

1. File a Notice of Claim

Before suing a government entity, you must file a notice of claim with the appropriate agency.

• This written claim must be submitted within three years of the injury.
• It must include a detailed description of the accident, the damages, and the amount sought.
• The government has six months to investigate the claim before a lawsuit can be filed.

If the claim is denied or ignored, the injured party may proceed with a lawsuit.

2. File a Lawsuit in Court

If the government refuses to settle, you can file a civil lawsuit in Florida state court. However, special rules apply:

• Lawsuits must be filed within four years for personal injury claims and two years for wrongful death cases.
• The maximum damages allowed are $200,000 per person and $300,000 per incident.
• Punitive damages (intended to punish wrongdoing) are not allowed against government entities.

Due to these restrictions, negotiating a fair settlement before filing a lawsuit is often the best course of action.

Challenges in Suing the Government

Lawsuits against government entities can be more complicated than standard personal injury claims due to the following challenges:

Limited Liability Protections

Government agencies have damage caps that limit the amount of compensation available, making it difficult to recover full damages in severe injury cases.

Strict Filing Deadlines

If you miss the three-year deadline to file a notice of claim, you may lose your right to seek compensation.

Government Defenses

The government may argue that:

• The injury was caused by a discretionary function, meaning they had no legal duty to prevent the harm.
• The injured party assumed the risk of injury.
• The injury was caused by a third party, not a government employee.

Due to these challenges, working with an experienced personal injury attorney is critical when filing a lawsuit against a government entity.

What Compensation Can You Recover?

Injured victims may recover compensation for:

• Medical expenses (hospital bills, physical therapy, rehabilitation).
• Lost wages and reduced earning capacity.
• Pain and suffering (though limited by damage caps).
• Wrongful death damages for surviving family members.

However, the maximum amount recoverable is $200,000 per person and $300,000 per claim, unless the Florida Legislature approves a claims bill for a higher payout.

How a Personal Injury Attorney Can Help

Suing a government entity requires navigating complex legal procedures. An attorney can:

• Ensure all deadlines and procedural rules are met.
• Investigate the accident and gather strong evidence.
• Handle negotiations with government agencies to reach a fair settlement.
• Take the case to court if the government refuses to offer fair compensation.

At Bonderud Law, we have experience handling claims against government entities. If you have been injured due to government negligence, contact us today for a free consultation.

Conclusion

Filing a lawsuit against a government entity in Florida involves special rules, strict deadlines, and damage limitations. While it is possible to recover compensation for injuries caused by government negligence, the legal process is more complex than a typical personal injury case.

If you have been injured due to unsafe conditions on public property, a government vehicle accident, or negligence by a government agency, consulting an experienced attorney can help you navigate the process and maximize your compensation.