Alafaya Government Negligence Lawyer
Government agencies and employees, just like individuals, can be held liable when their negligence causes someone else to suffer an injury. Filing this type of claim can, however, be more complicated than a standard negligence case, as Florida law requires injured parties who file suit against the government to comply with a host of complex legal rules and procedures. Claimants who fail to abide by these rules are at risk of having their cases dismissed by the court, so if you or a loved one were recently injured in a government building or by a government employee, it is important to contact an experienced Alafaya government negligence lawyer who can walk you through the filing process.
Waiver of Governmental Immunity
Governments are generally immune from liability, so it is often impossible for accident victims to file lawsuits against the government for their negligence. Under state law, however, Florida has waived its right to immunity from suit in certain cases, which means that when specific conditions are met, those who have been injured in accidents caused by a negligent government agency or employee can still file a claim against the state.
Who Can File a Claim Against the Government?
As a result of Florida’s conditional waiver of immunity, accident victims whose injuries were the result of a government action can file a personal injury claim, requesting compensation from the at-fault entity if:
- The injury in question was the result of a wrongful or negligent act;
- The claimant can be compensated with money damages for his or her losses; and
- The circumstances are such that the negligent party could have been held liable if it had been acting as a private party.
Even when a plaintiff can meet these conditions, however, he or she will face certain limitations when it comes to filing a claim against a government agency or employee in court.
In Florida, government employees are always immune from being held personally liable for the injuries they cause, unless a plaintiff can prove that the employee intentionally caused the harm in question Instead, claims based on an employee’s negligence must be filed with the government agency or body that employs the at-fault party. When filing a claim against the government, a person must also take certain steps to put that agency on notice, which includes submitting a written notice of a claim within three years of the accident. Even after this filing, an injured party cannot continue to pursue a claim until the agency has completed a 180 day investigation. In the event that a claim is denied, an injured party then has three years to file suit against the government in court. Finally, successful plaintiffs who can prove that a government’s negligence led to an accident will also be limited to recovering $200,000 in damages, or $300,000 if a claim involves multiple agencies.
Contact Our Alafaya Attorneys Today
If you were injured on public property or by the negligence of a government employee, you could be entitled to compensation for your losses. Please reach out to the experienced Alafaya government negligence lawyers at Israoui Law to learn more about filing this type of claim in Florida. We can be reached at our office at 407-381-4529 or via online message.