Many people are unaware they can sue the state for a personal injury in Florida. Most states and government entities are protected by sovereign immunity, which means you cannot sue the state unless they give you permission.
Florida Statute §768.28 waives sovereign immunity for most personal injuries caused by negligence. Therefore, you can file a government tort claim against Florida if you are injured because of the state’s negligence.
What Are Government Tort Claims in Florida?
A tort is an act or omission that causes harm or injury. Therefore, you can sue the state for personal injury damages if you are injured on state property or because of a state employee’s negligence.
For example, suppose a state employee on the job causes a traffic accident because they were speeding. You could sue the state for damages caused by the accident.
Likewise, suppose you were injured in a government building because an employee failed to clean up a spill. You might have a premises liability claim against the state for a slip and fall accident.
Suing the government in Florida is a complicated process that involves special rules. Seeking legal advice from an attorney with experience in government lawsuits is the best way to protect your right to compensation for your injuries.
You Must Give Notice to the Government That You Intend to File a Claim
One difference when suing the government is filing a Notice of Claim with the Florida Department of Financial Services. You must give the state at least 180 days to investigate your claim before you file a lawsuit.
You must file a Notice of Claim with the Florida Department of Financial Services within three years of the injury. After the state has had 180 days to investigate the claim, you can file a lawsuit. For wrongful death claims, the notice must be filed within two years of the person's death.
You should contact an attorney immediately to discuss your case. The deadline to file a Notice of Claim or lawsuit against the state could differ, depending on the facts of your case. Missing the deadline could result in losing your right to pursue a claim for damages.
What Happens After You Have Filed a Notice of Claim?
The state will then assign a claims adjuster to investigate your claim and determine whether the state is responsible for your damages and injuries. The adjuster may call you to obtain additional information. Stick to the facts, be cooperative, and avoid making any statements that could be interpreted as an admission of fault.
If the claims adjuster determines the state is liable for your damages, they may offer a settlement. You can negotiate a higher amount if you believe the offer will not compensate you for your damages.
Once you reach an agreement, you can sign a settlement agreement and waiver, releasing the state and all parties from further liability. It would be wise to have an attorney review the agreement, as you cannot change your mind after you have signed it.
If the adjuster denies the claim or 180 days pass without a response, you can file a lawsuit against the state. The government could agree to settle the lawsuit before trial, or your case may go to a jury trial.
Examples of Personal Injury Claims Against the State in Florida
Injuries can happen anywhere and involve many parties. A state or local government entity could be liable for the damages if its employees were negligent. Examples of personal injury claims against the state include, but are not limited to:
- Premises liability claims on government property, such as a slip and fall accident in a state building or park
- Wrongful death
- Abuse or neglect in a government nursing home, medical facility, or assisted living facility
- Medical malpractice at a government health facility
- Traffic accidents involving government vehicles and/or employees
- Injuries caused by failing to maintain government buildings, roads, bridges, facilities, etc.
You have the burden of proving the elements required to establish liability against the government. Generally, a negligence-based claim requires you to prove:
- The government had a legal duty of care.
- They breached that duty.
- The evidence must show that the breach of duty was the proximate and direct cause of your injuries.
- Lastly, you must prove that you incurred damages because of the breach of duty.
Proving these four elements is crucial for the success of your claim.
What Damages Can I Receive if I Sue the State for Personal Injury?
If you sue Florida for personal injury, you can seek compensation for your economic and non-economic damages. Punitive damages are not permitted in a government tort claim.
Examples of damages in a personal injury case against the state include:
- The cost of past and future medical care and treatment
- Rehabilitation and therapy
- Emotional distress and mental anguish
- Pain and suffering damages
- Lost wages, income, and benefits
- Diminished earning capacity
- Loss of quality of life and enjoyment of life
- Out-of-pocket expenses
- Impairments, disabilities, scarring, and disfigurement
The amount you receive for damages if you sue the state depends on the facts of your case. For example, if you sustain severe injuries, your damages may be higher. However, if you contributed to the cause of your injuries, the court could reduce your damages under Florida’s comparative fault law.
Florida Caps Damages in Lawsuits Against the State and Other Government Entities
Unfortunately, Florida caps the amount you can receive if you successfully sue the state for personal injury. The caps for tort claims are $200,000 per person and $300,000 per claim. You can petition the legislature for more money if your damages exceed this amount. However, there is no guarantee the legislature will approve your request.
Contact the Clearwater Personal Injury Law Firm of Roman Austin Car Accident and Personal Injury Lawyers for Help Today
For more information, please contact the legal team of Roman Austin Car Accident and Personal Injury Lawyers for a free initial consultation with a personal injury lawyer in Clearwater. We have convenient locations in Florida: St. Petersburg, Safety Harbor, Clearwater, New Port Richey, and Tampa.
We serve throughout Pinellas County, Hillsborough County, Pasco County, and its surrounding areas:
Roman Austin Car Accident and Personal Injury Lawyers - Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
(727) 787-2500
Roman Austin Car Accident and Personal Injury Lawyers - Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
(727) 591-5610
Roman Austin Car Accident and Personal Injury Lawyers - Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615
(813) 686-7588
Roman Austin Car Accident and Personal Injury Lawyers - New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655
(727) 815-8442
Roman Austin Car Accident and Personal Injury Lawyers - St. Petersburg Law Office
840 Beach Dr NE Suite 202
St. Petersburg, FL 33701
(727) 787-2500
Roman Austin Car Accident and Personal Injury Lawyers - Safety Harbor Law Office
202 9th Ave S Suite A-2
Safety Harbor, FL 34695
(727) 787-2500
