Can I Sue the Government for Personal Injury?
Generally, the answer is yes – you can sue the government for personal injury if the governmental agency caused your damages. The process of suing any governmental agency is complicated. That is why it is in your best interests to consult with a Miami personal injury lawyer to determine what your rights are and what limitations they apply to your claim.
At the Wolfson Law Firm in Miami, our personal injury attorneys have helped personal injury victims with their claims against cities, counties, state and federal governments since 1963. If you have a question about whether you have a potential claim against any governmental agency than just call us at (305) 285-1115 for your free and confidential consultation.Waiver of Sovereign Immunity in Tort Actions
We start with the premise that you can only sue the government if specifically permitted. The Florida Constitution specifically waives sovereign immunity for liability in tort claims. Florida Statute 768.28 provides for the waiver of sovereign immunity but also places specific restrictions on such claims. This Florida statute also limits attorney’s fees to 25% of any recovery against state subdivisions or agencies. It also limits the amount of recovery to $200,000 for an individual claim or a total of $300,000 for all claims arising out of a single incident or occurrence.
Florida law has specific notice requirements for any claim against governmental agencies. Typically, the mayor or other leader of a governmental subdivision or agency is placed on notice by letter. The Department of Financial Services for the state of Florida is also placed on notice of any personal injury claims. The format of these notice letters is important. The letter must include the place of birth and the date of birth for the claimant as well as a Social Security number or federal identification number if the claimant is not a person. The claimant must also state whether there are any judgments find the load by the claimant to the agency or subdivisions. If there is no prior unpaid adjudicated claim for more than $200 then the notice letter must state so on behalf of the claimant.
Assuming that the notice letter meets the statutory requirements as to content and the proper agency being placed on notice, then the targeted governmental agency has six months to consider the claim. Theoretically the governmental subdivision or agency is supposed to investigate and decide on whether to honor the claim and settle the case. In the experience of our Miami personal injury lawyers this rarely if ever happens. Unfortunately, as we explained to our personal injury clients, we simply must wait for the six-month notice period to expire so that we can file a personal injury lawsuit. In most cases, filing a lawsuit is the only way to move a case against the city, county, state or federal agency.Filing an Injury Lawsuit Against City, County, State or Federal Government
Personal injury lawsuits can be filed against governmental agencies for a wide variety of accidents and incidents. At the Wolfson Law Firm, we have represented individuals for personal injury claims against governmental agencies such as:
- City of Miami
- Miami Dade County
- City of Miami Beach
- City of Hialeah
- City of Homestead
- Broward County
- Palm Beach County
- City of Hollywood
- City of Fort Lauderdale
- City of West Palm Beach
Over the years our personal injury lawyers have assisted clients who were seriously injured on government owned or public properties such as:
- Veterans Administration hospital
- City, County, State, Federal courthouses
- Any governmental agency or building
- Public Library
- State or National Parks and/or Campgrounds
- Parking Lots
- Crosswalks and Sidewalks
- Curbs and Streets
We have also represented people who were hurt as the result of negligent:
- Bus drivers
- County employees driving vehicles
- City employees driving vehicles
- Waste management vehicle drivers
- Postal trucks
- Construction site management
- Security or Law Enforcement
If you are seriously injured or if you lost a loved one due to the negligence of any local, state or federal government agency, then we invite you to call us to discuss your options and your rights. You should never be a silent victim. Our Miami government injury attorneys can meet with you at our office located at 3399 SW 3d Avenue in Miami or at a location that is convenient for you. Our personal injury legal team is available 24/7 and we are standing by to help you right now. Just call us at (305) 285-1115 so we can get to work on your case right now.
The personal injury attorneys at the Wolfson Law Firm serve all of the communities of South Florida including: Hialeah, West Palm Beach, Fort Lauderdale, Miami Dade County, Palm Beach County, Broward County, Miami Beach, Miami Gardens, Aventura, Weston, Hollywood, Miami Lakes, South Miami, Doral, Homestead, North Miami, Plantation, Pompano, Kendall and Carol City