Can you sue a government entity in Florida? The concept of sovereign immunity goes back centuries and is a principle based on English common law that the government cannot be sued unless it consents. Over time, it became clear that the state should not have blanket immunity, but it took time to change the law in order to hold government agencies and their agents accountable for wrongful injury or death.
In 1946, the federal government passed the Federal Tort Claims Act (FTCA), allowing lawsuits against the federal government for injuries that occur on government property due to negligence of government employees when in the course of fulfilling their duties. It did not take long for states to follow suit, and Florida passed Statute 768.28, which provided the same opportunity for justice as the FTCA.
Causes for injury could include failure to maintain a safe environment, wrongful (negligent or reckless) actions, or failure to act appropriately. Wrongful death due to any of these causes is handled somewhat differently than a personal injury claim. If you have lost a loved one due to the negligence of a government entity, I am very sorry for your loss. I will do all in my power to hold the guilty persons or entities responsible for any injury, loss, or wrongful death that you or your loved one experienced.
Suing the federal government
If you are injured on federal government property or by a federal government employee, you have two years from the day you were injured to file an administrative claim with the correct federal agency. Finding the right agency in itself can be a challenge, so you should reach out to a personal injury lawyer who has experience with government entities.
Federal government employees and agents have the same duty of care as any individual or private entity; that is, they have a duty to keep their premises safe and to fulfill their duties in a proper, safe manner. Negligence that leads to injury, loss of property, or death caused by the federal government can and should be compensated for.
Suing a state or local government
Florida’s Statute 768.28 states:
Actions at law against the state or any of its agencies or subdivisions to recover damages in tort for money damages against the state or its agencies or subdivisions for injury or loss of property, personal injury, or death caused 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 such agency or subdivision, if a private person, would be liable to the claimant, in accordance with the general laws of this state, may be prosecuted subject to the limitations specified in this act.
In other words, if an individual or private company can be sued for wrongful injury or death due to negligence, the state government and its subdivisions can, too.
Florida’s statute of limitations is longer than the federal statute: Anyone harmed by an entity or employee of the state of Florida or any of its subdivisions (cities, counties, etc.) has three years from the date of the injury to submit a claim to the proper agency for injury taking place on state government property or caused by any employees of the state or its subdivisions acting in the course of their duties. (Note: The statute of limitations is different for prison inmates.)
Florida government entities or property may include:
- Any state, city, county, or municipality building or property
- State university or public school
- Government-owned and operated buses, trolleys, etc.
- Any government department or entity
- Government-run public hospitals, nursing homes, etc.
- Government-organized events
- State or local roads
- Any employees of the above entities or departments, including law enforcement
The state agency involved in the personal injury case would be whatever department or entity is in charge of the location or event in which you were injured. As an experienced Florida personal injury lawyer, I know how to navigate the government system and hold the appropriate department accountable.
The process of suing a government entity
The process for suing a government entity is different from suing a private citizen or company. Before filing a lawsuit, you must first send a claim to the government. This is true whether you are suing a federal or a state entity. I encourage you to have an experienced attorney helping you from the very beginning of the process since the time limits are very strict.
- Identify the responsible agency or entity governing the person or location which caused the injury.
- Submit a notice of claim. For federal claims, there is a standard form, but for state claims, a letter will suffice. It must include detailed information, including the date, location, facts that led to the injury or harm, and the nature of the losses you have experienced. For federal claims, you have two years from the date of the incident, for state claims you have three years. Wrongful death, however, is a two-year claim window.
- Wait for a reply. The government entity has up to 180 days (six months) to investigate and get back to you before you can follow up with a lawsuit which you can then file if you believe they have wrongfully denied your claim or offered insufficient compensation.
- File a lawsuit, if necessary. If the claim is not resolved within 180 days, or if you are not satisfied with the resolution offered, you can file a personal injury or wrongful death lawsuit against the appropriate agency. But it must be filed in the proper court, in the appropriate county where the event occurred or where the governing agency conducts business. It must be done within six months of the 180-day period (essentially, within a year of submitting the claim).
All this navigation of the correct federal or state agencies within the appropriate time frame can be tricky and requires the help of a seasoned attorney. As a Florida personal injury lawyer, I am committed to helping Florida residents throughout the state receive just and fair compensation to help them cope with the injuries they have sustained through someone else’s negligence, including the government. Contact me at (954) 448-7288, 24/7 for a free consultation to see how I can help you.