When you are involved in a crash with a vehicle that the government owns, you might think that the process of filing an injury claim is the same as with any other accident . However, there are certain limits that you might want to be aware of before proceeding with your suit.
Sovereign immunity and its limits
Sovereign immunity is a legal rule that once blocked people from suing the government without its consent. Florida partly moved away from that idea, waiving the state’s immunity for tort claims in defined situations.
The waiver covers injuries caused by the careless or wrongful acts of government workers acting within the scope of their job duties. If a county truck driver runs a red light while on duty and causes a crash, for example, you may have grounds to file a claim against the agency.
That said, the waiver has limits. It applies only where a private person would face the same legal exposure for the same conduct. It also does not cover cases where a worker acted in bad faith or showed willful disregard for safety.
Finding the correct government entity
One of the more complex parts of these claims involves figuring out which agency is at fault. Florida has many layers of government, including state offices, county agencies, cities and special districts, any of which may run vehicles on public roads.
You will need to direct your claim to the entity that employed the driver at the time of the crash. Police reports and accident records often name the agency, and checking this detail early can help you avoid delays.
Beyond identifying the right agency, claims against a state agency require written notice to the Florida Department of Financial Services. Counties and cities still follow state law, meaning you only have to send your notice to the local agency involved.
Compensation you can recover
If your claim falls within the state’s limited waiver, you may seek the following damages:
- Medical costs tied to emergency care, surgery and ongoing treatment
- Lost wages from missed work during recovery
- Property damage to your vehicle or personal items
- Pain and suffering from the physical and emotional effects of the injury
Florida law generally caps what you can recover directly against a government entity at $200,000 per person and $300,000 per incident. However, if your injuries are severe and the damages exceed the cap, you may be able to recover more if the government entity carries insurance coverage above that limit.
Florida’s filing deadlines
The state gives you two years from the date of the accident to file a personal injury lawsuit against a government entity. Because you must first submit a written pre-suit notice and give the agency 180 days to respond before you are allowed to sue, your timeline to take action is shorter.
If the agency denies your claim in writing before those 180 days pass, you may submit your suit at that point. Should the agency not respond within that window, the law treats the claim as denied, and you may then proceed with your case.
Due to the multiple deadlines that you will need to navigate, consulting with a lawyer can help. They can review your documents, file your notice and set realistic expectations for what compensation you might receive.