Claim Against Florida or its Counties and Cities is Limited

Pursuant to Florida’s Sovereign Immunity Statute § 768.28, the State of Florida and its political subdivisions, such as cities and counties, has limited its liability for damages under the sovereign immunity statute such that an injured consumer may recover up to a maximum amount of damages of $200,000, and potentially another $200,000 if there are dependants. That’s it.

If you have suffered catastrophic personal injury in Florida due to a negligence or carelessness of any State, County, or city worker, and further, even if your medical bills alone exceed $200,000, the most you can recover from the State, County, or City responsible is $200,000 and possibly another $200,000 for your dependents. Florida’s sovereign immunity restriction applies to almost every case of negligence filed against the State or any of its Counties or Cities, including:

Nowadays, some private companies are trying to position themselves as public entities or affiliating with Florida’s public entities to qualify for this immunity. They actively lobby your State Legislators to give themselves State-sanctioned immunity for negligence.  Shameful.

More Compensation is Possible, But Requires A Carefully Navigated Road

If your injuries are truly catastrophic, and if your story is compelling, then there is one last method to obtain justice. It is called a “claims bill.” An outline of the process is detailed here. In summary, in order to obtain damages against the State entity in an amount above the $200,000 cap, then you must pursue a special law through the Florida Legislature.

Your lawyer can coordinate the lobbyists, sponsors, committee votes, House and Senate passage, and eventually the Governor’s signature (or lack of votes and signature – it is at the government’s discretion) to make this remote possibility your reality.

Negligence Lawsuit Against State, County, or City

Severe personal injury cases caused by accidents, negligence, or careless of public employees, whether State, County, or City, or public hospitals, can be life changing events.  Filing a claim against any public entity in Florida requires that you follow precise steps, from pre-suit notice requirements to the timing of a lawsuit.

Failure to comply with these laws and rules could result in loss of your case.  Contact an experienced personal injury attorney at our injury law firm.

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