If you have been injured because of negligence on the part of a Florida government agency, filing a claim to recover compensation can be challenging. There are several things that you should be aware of and prepare for with these claims:
- Sovereign immunity: The state outlines the circumstances under which it allows itself to be sued in FS 768.28. This statute waives the government’s sovereign immunity in certain cases. Thus, it may be possible to file a personal injury lawsuit against an agency.
- When the waiver applies: In Florida, the sovereign immunity waiver applies only in cases of negligence, in which an individual party could similarly be found at fault. Understanding whether your case merits a waiver of the state’s sovereign immunity is essential. An experienced attorney can advise you on your best steps moving forward.
- Caps on potential compensation: Just because you can sue the state does not mean you will receive the full amount of compensation to which you believe you are entitled. Florida’s sovereign immunity waiver dictates that the maximum damages the state must pay out is equivalent to $200,000.
As you can see, while it is possible to secure monetary damages from a public entity, it can be much more difficult than the typical personal injury claim.
If you’ve been injured and you believe a government agency was partially or fully responsible, you may need to file an injury claim against that entity. For further guidance on this complex legal issue, meet with a skilled Bradenton personal injury attorney at Goldman Babboni Fernandez & Walsh.