Sovereign Immunity in Florida
According to Florida Statute 768.28, the State of Florida agrees to be held accountable for certain torts. Florida Statute 768.28 waves sovereign immunity in Florida under certain circumstances, which allows citizens to seek compensation for wrongs committed by the government or its agencies. However, it does place caps on the amount plaintiffs can recover, as well as prohibits them to recover punitive damage compensation or collect prejudgment interest.
Suing a State for Injury
When it comes to suing a state for an injury, you must adhere to a rigid set of rules as well as deadlines to file an injury claim against the government.
Suing the State of Florida
To sue the State of Florida, the plaintiff must meet certain conditions and ensure the claim falls under the umbrella of cases the government has agreed to waive its sovereign immunity. Common scenarios include:
- Negligent action of any state employee which caused loss of property, personal injury, or death;
- A government employee or agent was acting within the course or scope of employment;
- An employee would be liable for the resulting injuries if he/she was a private person.
The state agencies or subdivisions that are susceptible to a claim include the executive department, the judicial branch, state universities, counties, municipalities, corporations that act for the state or their agents, companies the state or municipality owns or operates.
Limits for Suing the State of Florida
However, as mentioned earlier, there are limits on suing the State of Florida for an injury, including:
- No lawsuits for punitive damages.
- The government is not liable for interest for the period before judgment.
- The government has a payment cap of $200,000 for one individual or a total of $300,000 for all claims arising from one incident.
- If the settlement exceeds those amounts, the government entity will only pay the maximum amount, which is $200,000 or $300,000. Unless the state legislature authorizes a payment that exceeds those amounts.
It is important to know that in the case of sovereign immunity in Florida, even if the government has insurance that exceeds those cap limitations, the limitations will still apply. Also, additional limitations apply for cases against law enforcement officers, public health agencies such as public hospitals, and the Florida Space Agency.
Filing a Claim Against the Government in Florida
The process to file a claim against the government in Florida can be complex and tiresome. There are certain rules to follow when filing a claim against the government, even after the government has waived sovereign immunity.
For starters, the plaintiff must send a notice of the claim to the state agency involved, as well as to the state’s Department of Financial Services, Division of Risk Management. All personal injury claims must be filed within three years, while wrongful death claims must be filed within two years. Expect to wait at least 180 days from an investigation by the government before you can move forward with the process.
Filing a claim against the government in Florida is a lengthy, complex, and delicate process. Even the slightest misstep can result in an opportunity for the government to deny your claim.
Build Your Legal Defense Team
Filing a claim against the state or its agencies is challenging and complex. Building a strong defense team that takes the proper time to explain this lengthy and detailed process is key to making sure you have the right representation to fight for your rights.
Working with a Personal Injury Attorney in South Florida
If you or someone you know has been involved in a personal injury incident or sustained any injuries due to the negligence of the government or any state employee, let the team at LJ Law Group fight for your rights as a victim. Any claim brought against the state must be addressed and examined to make sure the responsible are held accountable for their actions.