Government tort claims in Florida allow individuals to sue state or local government entities for personal injuries caused by the negligence or wrongful actions of their employees. However, these claims are governed by strict procedures, deadlines, and damage limits under the Florida Tort Claims Act.
This guide explains what government tort claims in Florida are and provides information on how claimants can protect their rights when pursuing these personal injury claims.
What Is a Government Tort Claim?
A government tort claim is a claim against the government that seeks reimbursement for an injury or damages caused by the negligence or wrongful act of a government employee acting in the scope of their official duties.
In Florida, a victim can bring a claim against the state or its subdivisions. State agencies, counties, municipalities, and public school boards are all considered subdivisions of the state.
Sovereign Immunity Waiver & Limits on Liability
Governments enjoy sovereign immunity against claims and lawsuits. Unless a government waives sovereign immunity, it cannot be sued. Florida waives sovereign immunity under their Tort Claims Act, but only to an extent.
The state and its agencies are liable for tort claims “in the same manner and to the same extent as a private individual,” but with specific limitations. Instead of recovering full compensation for all losses and harm, government tort claims are limited by caps on the amount of compensation that may be recovered.
The current caps for government tort claims in Florida are:
- $200,000 maximum per person for damages
- $300,000 maximum total per incident (if multiple claimants or multiple government agencies are involved)
- No punitive damages or pre-judgment interest are allowed
If damages exceed these caps, individuals can petition the state legislature for payment. However, there is no guarantee that the government will agree to pay any amounts above the statutory caps.
Filing Timelines and Requirements for Government Tort Claims in Florida
In Florida, you must file a written notice of claim with the state or local government entity before you can sue in state court. A notice of claim allows the government to investigate the allegations and respond. Failure to file a notice of claim before the deadline may bar your right to pursue compensation against a government entity in court.
If you are alleging negligence by a Florida state employee, agent, or volunteer—and filing a claim under the state’s General Liability or Automobile Liability coverages—you may be required to file the notice with both the Florida Department of Financial Services (DFS) and the state agency involved.
The government has 180 days to review the notice and either accept or deny fault. If your claim is rejected or unresolved, you may then file a lawsuit within the applicable statute of limitations. Your case can then proceed through the courts as other personal injury or wrongful death lawsuits would.
Statute of Limitations for the Notice of Claim
In most cases, the deadline for filing a notice of claim is three years from the date of the injury or incident. However, there can be shorter filing periods for filing a government tort notice of claim in certain types of cases. For most wrongful death claims, the statute of limitations is shortened to two years. State prison inmates typically have only one year to file.
Damages Recoverable in a Florida Government Tort Claim
Most injured parties in government tort claims can seek compensation for economic and non-economic damages.
Compensation in government tort claims includes:
- Medical bills and future medical expenses
- Pain and suffering
- Lost wages and diminished earning capacity
- Emotional distress
- Rehabilitation costs
- Property damage
- Mental anguish
- Out-of-pocket expenses
- Diminished quality of life
- Loss of enjoyment of life
- Permanent disability, impairment, scarring, and disfigurement
Punitive damages are explicitly prohibited in government tort claims, even in cases where a government employee or agency is grossly negligent or intentional in their actions.
Comparative Fault Rule in Florida Government Tort Claims
Florida’s modified comparative negligence law applies to government tort claims. This means that an accident victim’s contributory fault does not entirely bar them from recovering damages unless they are found 51% or more to blame for the cause of their injuries. If the victim is found to be 50% or less at fault, they may still recover a portion of their damages reduced by their percentage of fault.
For instance, suppose a victim is 25% at fault for causing a car crash involving a government vehicle. The person could still recover 75% of their compensation award under Florida law.
Claims Against the Federal Government: The Federal Tort Claims Act (FTCA)
Claims against the federal government (e.g., VA hospitals or federal agencies in Florida) are governed by the Federal Tort Claims Act. The FTCA generally does not impose the same monetary caps as Florida’s sovereign immunity statute.
The law states that if a private party could be liable for an act, the government could also be liable. However, there may be exceptions, and state caps could apply in some situations, which is why working with an experienced attorney is crucial for protecting your right to pursue compensation.
Schedule a Free Consultation With a Stuart Personal Injury Lawyer from Kibbey Wagner Injury & Car Accident Lawyers
Filing a government tort claim is complex and requires strict adherence to procedural rules and deadlines. Unlike civil cases against individuals and private entities, most government tort claims are limited in total recoverable compensation. Because of the strict statutory damages caps, securing compensation often requires expert legal guidance, advocacy, and negotiation.
If you need legal assistance or want to know if you have a potential claim against a government entity, don’t hesitate to reach out. Kibbey Wagner Injury & Car Accident Lawyers is ready to help. We can thoroughly investigate the circumstances of your case, evaluate damages, and guide you through the process, ensuring your rights are protected every step of the way.
Our team offers a free initial consultation. Call us to speak with a Stuart personal injury attorney today.
