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 person or business. Special legal rules, strict deadlines, and damage limitations apply when pursuing a claim against a city, county, or state agency.
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, the state has waived some of its immunity, allowing individuals to sue government entities for negligence in certain situations.
You may be able to file a claim if:
- A government employee’s negligence caused an injury
- A dangerous condition on public property led to an accident
- You were injured in a car accident involving a government vehicle
- A government-run facility, such as a hospital, was responsible for medical malpractice
However, sovereign immunity still protects government agencies from lawsuits for discretionary functions, such as policy decisions or law enforcement actions.
Common Types of Government Liability Claims
Some of the most common claims against government entities include:
- Slip and fall accidents on public sidewalks or government buildings
- Car accidents involving police vehicles, fire trucks, or municipal vehicles
- Medical malpractice at public hospitals or government-run healthcare facilities
- Negligent security at government properties
- Public transportation accidents involving city buses or trains
If the government fails to maintain safe conditions or an employee acts negligently, the injured party may have grounds for a claim.
Steps to File a Lawsuit Against a Government Agency
File a Notice of Claim
Before filing a lawsuit, you must submit a written notice of claim to the appropriate government agency. This notice must be filed within three years of the injury for personal injury cases and within two years for wrongful death claims.
The notice must include:
- A description of the incident
- The extent of the injuries or damages
- The amount of compensation sought
The government has six months to respond. If the claim is denied or ignored, the injured party can proceed with a lawsuit.
File a Lawsuit in Court
If the government refuses to settle, the injured party can file a lawsuit in Florida state court. However, special rules apply:
- The maximum damages allowed are $200,000 per person and $300,000 per incident
- Punitive damages are not allowed
- Cases against the government are decided by a judge rather than a jury in some instances
Because of these limitations, many claims are settled before reaching trial.
Challenges in Suing the Government
Suing a government entity can be more complicated than filing a lawsuit against a private individual due to:
- Limited liability protections that cap damages
- Strict filing deadlines that require timely notice
- Legal defenses that the government may use to argue immunity
- Complex bureaucratic procedures that can delay the process
These challenges make it essential to work with an experienced attorney who understands government liability cases.
What Compensation Can You Recover?
Victims of government negligence may be entitled to compensation for:
- Medical expenses, including hospital bills and rehabilitation costs
- Lost wages and loss of earning capacity
- Pain and suffering
- Property damage related to the accident
Because of the damage caps, the total compensation may be lower than what would be available in a lawsuit against a private party.
How a Personal Injury Attorney Can Help
Filing a claim against a government entity requires navigating strict legal requirements and deadlines. An attorney can:
- Ensure all paperwork is filed correctly and on time
- Investigate the accident and gather evidence
- Negotiate with government agencies for a fair settlement
- Represent the victim in court if necessary
At Bonderud Law, we have experience handling claims against government entities and helping injury victims secure the compensation they deserve. 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 requires following special legal procedures, including submitting a notice of claim before filing a lawsuit. While the government can be held accountable for negligence, limitations on damages and strict deadlines make these cases more complex than standard personal injury claims.
If you have been injured due to a government agency’s negligence, consulting an attorney as soon as possible can help ensure your rights are protected and that you receive the compensation you deserve.
