Can You Sue a Government Entity for Personal Injury in Florida?

If you have been hurt because of the negligence of a government agency in Florida, you might wonder if you have any legal options. After all, we often hear that the government is immune to lawsuits. However, that is not the full story. In Florida, you actually can sue a government entity for personal injury, but there are some special rules you need to know about.

Understanding Sovereign Immunity

First things first, you need to understand the concept of sovereign immunity. Sovereign immunity is a legal doctrine that comes from old English law. It means that the government cannot be sued without its consent. In simple terms, it protects government entities from being sued just like you would sue a private company or individual.

Florida follows sovereign immunity, too, but the state has waived it in certain cases, which means there are specific circumstances where you are allowed to bring a lawsuit against a government agency if you have been injured.

What Law Allows You to Sue the Government in Florida?

The main law that governs lawsuits against Florida government entities is called the Florida Tort Claims Act, found in Florida Statutes section 768.28. The Tort Claims Act allows individuals to seek compensation for injuries caused by the negligence of a government employee or agency.

However, the government did not just open the door and invite lawsuits like a regular defendant. They placed strict conditions and limitations on when and how you can sue. Understanding these rules is key to successfully filing your claim.

What Types of Personal Injury Claims Can You Bring?

You can bring many types of personal injury claims against a government entity in Florida. For example, if you slip and fall in a government building because they failed to fix a dangerous condition, you may have a valid claim. If a government-operated vehicle crashes into your car because the driver was careless, that could be another example. Other potential cases include injuries from unsafe parks, poorly maintained roads, and even medical malpractice at government-run hospitals.

The important thing is proving that the injury was caused by the negligence of the government or one of its employees who was acting within the scope of their job duties at the time of the incident.

Are There Any Cases Where the Government is Still Immune?

Yes, not every injury caused by a government employee is something you can sue for. Florida keeps its immunity in cases involving discretionary functions. In plain language, this means if the injury resulted from a government agency making a policy decision or exercising judgment in how to allocate resources, they are likely immune.

For example, if a city decides to build fewer sidewalks because of budget constraints, and someone trips and falls in a grassy area where no sidewalk exists, the city might not be liable. However, if they build a sidewalk and then fail to fix a giant hole in it, and you trip over it, that could be negligence, and you may have a valid claim.

Time Limits for Filing a Personal Injury Claim

Like all personal injury claims, claims against the government have strict time limits known as statutes of limitations. In Florida, you usually have four years from the date of the injury to file a lawsuit against a private party. When you are suing a government entity, the four-year limit generally still applies, but the pre-suit notice requirement makes the timeline tighter.

What About Federal Government Entities?

If your injury involves a federal government agency instead of a state or local one, a different set of rules applies. You would be dealing with the Federal Tort Claims Act instead of the Florida Tort Claims Act. The process is similar in that you must provide notice and follow strict procedures, but federal claims have their deadlines and requirements.

For instance, you must first file an administrative claim with the appropriate federal agency. If the agency denies your claim or fails to respond within six months, you can only file a lawsuit in federal court.

Hiring an Attorney for a Government Injury Claim

Because suing the government involves extra layers of complexity, it is not something you want to tackle alone. Government agencies have teams of lawyers ready to defend against claims. They know the rules inside and out, and they are not afraid to fight hard.

An experienced personal injury attorney who has handled claims against government entities can be a major asset. They can help you submit the correct notices, meet the deadlines, gather evidence, and build a strong case. They can also negotiate with the government’s attorneys and take your case to court if needed.

Seek Legal Support When Suing a Government Entity in Florida

While it can feel intimidating to take on the government, it is important to remember that the law is on your side when negligence causes injury. If you or a loved one has suffered an injury and you think a government entity might be responsible, do not hesitate to explore your options.

Consulting with a personal injury lawyer who understands the ins and outs of Florida’s sovereign immunity laws could be the best decision you make for your future. Call Linton Robinson & Higgins, LLP at our New York City office at 332-241-9036 or our Miami office at 786-882-7316 to schedule a free consultation with our team.