Understanding Sovereign Immunity in Florida Personal Injury Cases

Introduction

When someone is injured due to negligence, they typically have the right to file a lawsuit to seek compensation. However, when the responsible party is a government agency or employee, special legal rules apply. In Florida, the doctrine of sovereign immunity limits the ability to sue government entities for personal injury claims.

This guide explains how sovereign immunity works in Florida, the exceptions that allow victims to seek compensation, and the process for filing a claim against the government.

What Is Sovereign Immunity?

Sovereign immunity is a legal principle that protects government entities and employees from being sued without their consent. Historically, this meant that individuals could not sue the state or local governments for negligence. However, Florida has waived sovereign immunity in certain cases, allowing injury victims to pursue compensation under specific circumstances.

The laws governing claims against the government are stricter than those for private individuals, with different procedures, time limits, and damage caps.

When Can You Sue the Government in Florida?

Florida law allows lawsuits against government entities in cases where:

• A government employee’s negligence caused an injury while they were performing job-related duties.
• A dangerous condition on public property led to an accident, such as poorly maintained roads, broken sidewalks, or unsafe government buildings.
• A government-operated service, such as public transportation, contributed to an accident.

These cases must follow special legal procedures, including a formal notice of claim before a lawsuit can be filed.

Limits on Government Liability in Florida

Even when sovereign immunity is waived, there are limitations on lawsuits against the government, including:

• A cap on damages, limiting compensation to $200,000 per person and $300,000 per claim.
• No ability to seek punitive damages, which are designed to punish wrongdoing.
• Lawsuits must be filed within a shorter time frame than standard personal injury cases.

If a plaintiff seeks damages above the statutory cap, they must obtain legislative approval through a claims bill, which is a lengthy and difficult process.

Steps to File a Personal Injury Claim Against a Government Entity

File a Notice of Claim

Before suing the government, an injured party must submit a written notice of claim to the appropriate agency. This notice must include:

• A description of the incident
• The extent of the injuries and damages
• The amount of compensation being sought

The government then has six months to investigate and respond. During this period, the injured party cannot file a lawsuit.

Wait for a Response

The government may approve, deny, or negotiate a settlement. If the claim is denied or not resolved, the injured party may proceed with a lawsuit.

File a Lawsuit Within the Statute of Limitations

If a claim is denied, the injured party has three years from the date of injury to file a lawsuit. If the claim involves wrongful death, the deadline is two years.

Challenges in Suing the Government

Filing a personal injury claim against a government agency is more complicated than a standard lawsuit. Some common challenges include:

• Strict procedural requirements that must be followed precisely.
• The government’s ability to claim discretionary function immunity, meaning it cannot be sued for certain policy decisions.
• The damage caps that limit the compensation available, even in severe injury cases.

Because of these challenges, working with an attorney experienced in government liability cases is essential.

How a Personal Injury Attorney Can Help

A personal injury attorney can assist with government claims by:

• Ensuring the notice of claim is properly prepared and filed within deadlines.
• Gathering evidence to prove negligence by the government entity.
• Challenging immunity defenses raised by the government.
• Negotiating for a fair settlement or filing a lawsuit if necessary.

At Bonderud Law, we have experience handling claims against Florida government agencies and helping injury victims navigate the complex legal process. If you were injured due to government negligence, contact us today for a free consultation.

Conclusion

While sovereign immunity limits lawsuits against the government, Florida law provides exceptions that allow injury victims to seek compensation in cases of government negligence. However, strict procedural rules, damage caps, and legal challenges make these cases more difficult than standard personal injury claims.

If you have been injured due to the negligence of a government agency or employee, consulting an attorney can help you navigate the claims process and maximize your compensation.