Personal Injury Claims Against Governmental Entities
When a person is injured by the negligent, reckless, or intentional acts of another they have the right to sue for personal injury. However, special rules apply in Florida when the one at fault is a government employee or entity. Whether the accident was a car crash, slip and fall, workplace incident, wrongful death, or other injury the experienced Delray Beach personal injury lawyers at Earnhart Law are here to help. Call the office or contact us today to schedule a free evaluation of your personal injury claims and learn more about the process of holding government entities responsible for their actions.
Filing a Claim Against Florida Public Entities
Florida law allows for individuals to hold public and governmental entities liable for personal injury claims in specific situations. Waiving their right to sovereign immunity, governmental entities can be held responsible for personal injury claims when the following occurs:
- The accident was caused by the negligent, reckless, or intentional act of a public employee or entity,
- The victim can be compensated with money damages, and
- The at-fault party would otherwise be liable as a private party in the accident.
Unlike normal personal injury claims, notice of claims made against public entities in Florida must be filed with the governmental entity accused of perpetrating the accident. This notice must be in writing, cannot be emailed, and must contain the date of the accident, the facts of the case, and the losses incurred. That entity has 180 days to investigate the accident and determine whether to admit fault. If the claim is denied, the victim has three years from the date of the accident to file a personal injury claim with the courts, or two years from the date of the accident if it is a wrongful death case.
Limitations on Governmental Entity Claims
There are also special limitations on claims made against Florida governmental entities that do not normally apply in personal injury cases. For example, an individual government employee cannot be held liable in a personal injury action unless the incident was intentional. In addition, damages are capped at $200,000 per incident, or $300,000 if multiple state entities are involved in the case. Punitive damages are not allowed against Florida public entities, and special constraints are applied in cases against the Florida Department of Corrections, public health agencies, law enforcement officers, and state universities. To learn more about the specific rules for filing a personal injury claim against a governmental entity in Florida, talk to our office today.
Talk to Our Office Now
Personal injury claims in Florida made against public entities can be complicated and complex, but that does not mean that you lack recourse when a governmental employee or agency harms you in an accident. To learn more about your legal options after an accident in the Delray Beach area, call the office or contact us today at Earnhart Law. Schedule a free consultation of your case with one of our experienced and dedicated personal injury attorneys now.