How Long Do I Have to File a Notice of Claim in Florida?

Reviewed by Elizabeth W. Finizio, Esq.

Sustaining an injury due to the negligence of another person can be incredibly difficult. However, when the entity responsible for the damages you’ve sustained is the government, it can be even more upsetting. Whether you slipped and fell in the post office or were struck by a falling object in a county courthouse, understanding how to pursue the compensation you deserve for the injuries you’ve sustained is critical. One thing you must familiarize yourself with is filing a notice of claim. The following blog explores these matters in further detail so you can learn how long you have to pursue a claim and what information to include. Additionally, you’ll discover why working with a Broward County personal injury attorney is critical.

What Is a Notice of Claim?

It’s important to understand that the federal government and states have what’s known as sovereign immunity. Essentially, this means that the government cannot be sued without its consent. However, there are certain exceptions to this that allow a private citizen to bring a case against a government agency. One of these Exceptions arose in the Federal Tort Claims Act, in which the government waived its right to sovereign immunity for lawsuits involving personal injury and damages.

As such, those who are injured due to the negligence of the government can bring a lawsuit against the negligent party. However, they must first file a notice of claim. This essentially informs the agency that you plan on filing a lawsuit against it, which allows them the opportunity to investigate the claim.

Establishing Premises Liability Against the Government

A premises liability claim occurs when someone responsible for maintaining a property, whether it be a landlord, property manager, property owner, or government entity, fails to ensure that their property is reasonably safe, causing someone lawfully on the premises to suffer injuries. Ultimately, to determine liability, it must be determined whether or not the entity responsible for ensuring the property was reasonably safe had actual or constructive knowledge of the hazard.

The Four Elements of Negligence

In order to recover compensation after sustaining an injury caused by the negligence of another person, you’ll need to prove four legal elements:

• The owner of the property owed you a duty of care
• The property owner breached this duty by failing to repair or warn you about a potential hazard
• The hazard directly caused your injuries
• You suffered measurable damages as a result of the injuries

This applies to high-traffic Florida locations, including Fort Lauderdale, Pembroke Pines, and Coral Springs.

What Is the Statute of Limitations for Filing?

While most states require you to submit a claim within six months of the accident, Florida has a three-year statute of limitations for filing tort claims against the government in personal injury cases. However, if the accident resulted in wrongful death, you will only have two years to file this notice.

Recent Changes to Florida Injury Law

It’s important to understand that Florida has changed the statute of limitations for personal injury claims against private entities. As such, the amount of time you have to file a claim against a homeowner, business owner, or any other non-government entity has been reduced from four years to two years.

If you wish to file a claim against a government entity, you must first file a Notice of Claim within three years. However, doing so means you will miss the deadline to file a personal injury claim, so connecting with an experienced attorney to help you file this claim as soon as possible is critical.

What Information Must Be Included in the Notice?

In the notice, you must include information about the accident, including where and when it happened, a detailed account of the incident, and the damages you’ve sustained.

Common Premises Liability Accidents and Injuries

Common examples of premises liability accidents in Florida include:

• Slips and falls
• Inadequate lighting
• Dog bites
• Pool injuries
• Elevator/escalator accidents
• Broken floor tiles or unsafe flooring
• Improperly secured fixtures
• Debris, cords, or items littering the ground

Injuries that commonly result from premises liability accidents include:

• Broken bones
• Soft tissue injuries, like sprains and strains
• Nerve damage
• Neck and spinal cord injuries
• Lacerations and contusions
• Traumatic brain injuries
• Long-term mobility complications

Important Note About Government Claim Caps

It’s important to understand that, unlike claims filed against private parties, there is a statutory cap on recoverable damages when a claim is filed against a government entity. As such, you are eligible to recover up to $200,000 per claimant and t$300,000 per incident.

The Government Investigation and Response Period

Once you file the notice of claim, the agency will have 180 days to issue a response after investigating the matter, and you cannot proceed with a lawsuit during this period, unless the claim has been formally denied by the agency.

The Importance of Early Legal Action

Early legal action is essential to preserve critical evidence before it disappears or fades, such as:

• Surveillance footage
• Witness statements
• Maintenance and inspection logs
• Medical documentation
• Photos and videos of the hazardous conditions
• The clothing and footwear you were wearing at the time of the incident
• Prior communications with the responsible party informing them of the hazardous conditions

Waiting too long risks security camera footage being overwritten, witnesses becoming difficult to locate, or hazardous conditions being repaired before documentation can occur.

Statutory Exceptions to the Filing Deadline

There are certain exceptions to Florida’s statute of limitations that may apply in specific circumstances, such as if the injured person was legally deemed incapacitated at the time of the underlying accident, if the defendant left the state before the lawsuit could be filed, or if the defendant took steps to conceal themselves or their identity to prevent process from being served.

How a Broward County Personal Injury Attorney Can Help

When you are hurt due to the negligent actions of a government agency, it’s imperative to pursue the compensation you are entitled to. At the Finizio Law Group, we understand that bringing a lawsuit against the government can be intimidating, which is why we are here to help. Our firm can assist you in these matters to help you fight for the compensation you deserve. Connect with us today to learn how we can assist you through these challenging times.