
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.
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.
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. Additionally, you’ll put the damages you are seeking, which in Florida, are capped at #$200,000 per claimant and $300,000 per incident.
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 in this period, unless the claim has been formally denied by the agency.
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.