In Florida, as in most other states, if an individual is injured as a result of someone else’s negligence, they can usually file a personal injury claim to receive compensation. However, when a governmental agency is involved such as a city bus or government/public hospital, then such claims must be filed against the government agency, not the employee themselves unless said employees intentionally inflicted the harm and consequently may be held liable.
Plaintiffs injured by the carelessness of government agency or one of its employees in Florida will have to deal with certain rules, regulations or standards. In this article, the term “government” will refer to a governmental entity for a city, county, or the State of Florida. Claims against the Federal Government will be dealt with in another article.
Claims Against a government entity or agency in the State of Florida are limited by law. This limitation is known as sovereign immunity, and it is based on the English notion that the government cannot be held responsible because “the king can do no wrong.” The limitation of sovereign immunity extends to all properties and to whomever serves the government. If a garbage truck or police car crashes into a person or a teacher abuses a student, the government decides if the victim is allowed to sue and then limits the recovery up to $200K per person or $300K per tort claim.
In 1975, the passage of Florida Statutes section 768.28 (i.e., Florida’s Waiver of Sovereign Immunity Act, Florida Statutes §768.28) opened the door to claims but also made the entire process difficult to navigate. When the subject strict guidelines are met, a state entity can be held liable for negligence under the same circumstances as an individual but considering the caps permitted under the law. In addition to the caps from 768.28, Florida has also presented a series of barriers in the form of conditions. Failure to comply with all notices, disclosures, and obligations can result in rejecting the claim.
Further, the government is not responsible for policy-making decisions, only those acts that are considered “operational” in nature. One way of looking at it is this that the decision on whether to put up a stop sign at an intersection is immune from lawsuit. However, once the decision to install it is made, if it is placed or installed in a wrong manner, not maintained or itself causes a harm, there can be a claim.
Florida imposes certain limitations on the types of claims that plaintiffs or victims can bring, which include but are not limited to:
- Government employees cannot be held personally liable for damage unless they have caused it on purpose;
- Claims against the state of Florida are limited to a total of $200K per person or $300K per incident;
- The state may appeal any resolution of a case; and
- Actions against State Universities must be brought in the county where the University’s campus is located.
From a practical standpoint, due to the cap on damages, the most the government will have to pay to a plaintiff is the capped amount, so an actual interest in settling pre-suit is very rare, forcing the claimant to sue.
Quite often lawyers do not take cases of damages against the county, city, or state of Florida because the injuries suffered and the medical bills are usually higher than what these cases can recover. What many lawyer try to investigate and seek out are other private parties that could be sued and held liable.
Florida’s sovereign immunity restrictions apply to almost all cases of negligence filed against the state or any of its Cities or Counties, including:
- Car accidents caused by county employees;
- Public hospital malpractice cases; and
- Defective city property that causes injuries.
No matter how many people were harmed, how severe the injuries, or how many negligent parties, the government will, unfortunately, only pay the cap per incident. The maximum settlement will always be $200K per person and $300K per incident, which, as mentioned, usually is not enough to cover the actual damages. This limitation applies when dealing with injuries caused in Florida accidents involving the following, among others:
- Public transportation vehicles;
- Police car accidents;
- Unposted street signs; and
- Anything related to the municipality’s negligence.
In addition to the government agencies themselves, the Florida Legislature has passed laws giving private entities “sovereign immunity” privileges as if they were governmental bodies. These include private charter schools, the South Florida Fair, and some hospitals and doctors.
Additional limitations apply to cases filed against law enforcement officers or agencies. public health agencies, and the Florida Space Agency. Claims coming from inmates of the Florida Department of Corrections are also subject to special time limits.
Punitive damages are not allowed against Florida public entities as well as prejudgment interest, and Florida law limits attorney fees to 25% in cases against the government as a disincentive to pursue these cases.
There is a way around or beyond the $200,000 cap on cases against the State or government. It is not an easy process, but the state allows for a process called a Claims Bill.
To get a claims bill, a victim will need legislators to draft such a bill seeking compensation beyond the sovereign immunity limit. It is usually done after a trial and judgment has been entered, and after all appeals have been exhausted.
If the judgment is larger than the cap, one can seek a claims bill. But after a bill is filed, it will be sent to a special master who will re-examine the facts and circumstances, there will be hearings, and most claims bills die in committee.
If bill does not die in committee, most special master or referee recommendations are at a reduced amount of what the award was. The legislature (House or Senate or both) may take a recommended amount and reduce it. Both the House and Senate must pass the exact same bill and then the Governor must sign it. There are very few claims bills that are passed and signed each year.
Bear in mind that Cities, Counties and the State generally have their own legal departments, so they will most likely litigate the case through the court system knowing that, even if they lose, they will not have to pay more than $200,000. Accordingly, the applicable governmental entity is in a position where it will rarely voluntarily pay the full liability amount pre-suit.
Personal injury claims in Florida made against public entities can be complicated and complex, but that does not mean that a Plaintiff or victim lacks recourse when a governmental employee or agency harms them in an accident.
The foregoing is just a general overview of the subject of Personal Injury claims against government entities in Florida.
If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.