Roman Austin Personal Injury Lawyers | January 6, 2025 | Personal Injury
Many accident cases are fairly straightforward. You file a claim with the at-fault party’s insurance company. However, in some cases, the at-fault party may be the government, such as a city. The city or its employees may have created conditions that led to your injuries. In these situations, you may be able to file a claim with the city, but the process is more complicated than when you make a legal claim against a private person.
What Is Sovereign Immunity?
To begin understanding the complexity of a personal injury claim against a city, you must understand governmental immunity. Common law holds that the United States government is never liable for a citizen’s personal injury. Under these laws, the federal government has sovereign immunity against civil lawsuits unless it consents.
However, the Federal Tort Claims Act and Florida law provide for personal injury lawsuits under federal and state agencies under specific circumstances. Florida Statute 768.28 gives accident victims the right to sue counties or municipalities for negligence.
When Can a City Be Sued for Negligence?
Florida law allows a personal injury victim to file a lawsuit against a city or municipality when they are injured by the “negligent or wrongful act or omission of any employee of the agency or subdivision while acting within the scope of the employee’s office or employment under circumstances” in which the state or government agency would be liable to the claimant if they were a private person. For example, if a city employee caused a car accident through careless driving while working, the city could potentially be sued for negligence.
What Do I Have to Do to Sue a City?
Although the city may be just as liable for the acts of its employees as private citizens would be for their own acts of negligence, suing a city involves extra steps. First, you must file a notice of claim in writing to the agency responsible for your injuries and to the Department of Financial Services.
Accident victims should submit their notice of intent to file a claim to preserve their right to compensation. A personal injury lawyer can help with this step and explain their rights even if they are unsure whether the state is liable for the accident.
Once the city receives the notice, it can agree to accept the claim and pay compensation or refuse it. If it refuses, the injury victim can file a lawsuit in the county where the accident occurred.
Special Rules Concerning Government Claims
Various rules apply when filing a claim against a city in Florida. First, you are subject to different statutes of limitations. You must file your notice of claim within three years after your claim arises under Florida law. However, if the case involves wrongful death, you have two years to file your notice of claim.
Additionally, compensation is limited. Damages are limited to $200,000 for one incident or $300,000 for one occurrence. The state could agree to pay more, but that requires approval from the state legislature. The state does not pay punitive damages or interest.
Contact a Lawyer for Help with Your Personal Injury Claim
If you were injured in an accident for which the city was responsible, you have the right to seek compensation for your losses. However, Florida law protects cities in these cases, and recovering compensation is more complicated than in cases involving private parties. An experienced lawyer from Roman Austin Personal Injury Lawyers can evaluate your claim and explain your legal rights. Call us today to learn more.
Contact the Clearwater Personal Injury Law Firm of Roman Austin Personal Injury Lawyers for Help Today
For more information, please contact the legal team of Roman Austin 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 Personal Injury Lawyers – Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
(727) 787-2500
Roman Austin Personal Injury Lawyers – Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
(727) 591-5610
Roman Austin Personal Injury Lawyers – Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615
(813) 686-7588
Roman Austin Personal Injury Lawyers – New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655
(727) 815-8442
Roman Austin Personal Injury Lawyers – St. Petersburg Law Office
840 Beach Dr NE Suite 202
St. Petersburg, FL 33701
(727) 787-2500
Roman Austin Personal Injury Lawyers – Safety Harbor Law Office
202 9th Ave S Suite A-2
Safety Harbor, FL 34695
(727) 787-2500