How to File Injury Claims Against Public Entities in Florida: Understanding Statute §768.28

When someone is injured due to the negligence  of a Florida governmental  entity or their employees, such as during a ride on a municipal bus, they have the right to seek compensation. Florida Statute §768.28 outlines the process and limitations for these claims, offering a pathway to hold public agencies accountable under specific conditions.

Florida Statute §768.28 provides a legal framework for individuals to pursue damages against state agencies or subdivisions, such as city transportation departments, if they suffer injuries due to the negligence of a public employee acting within their official duties. Key aspects of this statute include:

Liability Parameters: The state waives its sovereign immunity to the extent that it would be liable if it were a private entity. For example, if a city bus driver negligently causes an accident leading to injuries, the injured parties may seek damages.

Venue and Jurisdiction: Lawsuits can generally be filed in the county where the incident occurred or where the entity is based. For instance, a claim against a city for a bus accident would typically be filed in the Judicial Circuit where the city is located..

Limits on Damages: Compensation is capped at $200,000 per person and $300,000 per incident. This means if a bus accident injures multiple people, the total payout by the city cannot exceed $300,000, regardless of the number of people injured.

Exclusions and Immunity: The statute does not permit recovery for punitive damages or pre-judgment interest, focusing solely on actual damages like medical expenses, pain and suffering and lost wages.

Legal Implications and Process for Claimants

Initiating a claim involves critical steps that must be adhered to meticulously:

Notice Requirements: Prior to litigation, claimants must notify the responsible agency and the Department of Financial Services by presenting the claim.. For instance, someone injured on a municipal bus needs to alert the appropriate agency governing municipal busses.

Investigative Period: The agency has a six month period to investigate and possibly settle the claim.

Settlement and Litigation: If the claim is not settled during the preliminary period, the injured party may proceed to sue. For example, if the city transportation department’s investigation does not resolve a bus accident claim, the injured passenger may file a lawsuit.

Claims Bill: There is a mechanism in place for victims of a Florida State Agency to recover damages above the $200,000.00/$300,000.00 caps called a Claims Bill. If a victim is awarded an amount above the cap or the victim and the State Agency agree to settle the claim above the cap, the victim then must present his/her claim in the form of a Claims Bill to the Florida Legislature. If the Florida House and Senate both pass the Claims Bill the bill then goes to the Governor for his/her signature. Throughout the Claims Bill process the legislature can change the amount of the victims awarded recovery or they can vote down the bill. If the Florida House, Florida Senate and Florida Governor do not approve the Claims Bill the victim is not entitled to compensation above the caps in Florida Statute §768.28.

 Practical Examples

Consider a passenger injured when a city bus collides with another vehicle due to the bus driver’s negligence. Under §768.28, the passenger would first file a notice of claim with the city. If the city denies the claim or fails to settle, the passenger could then file a lawsuit, but their potential recovery would be limited to $200,000.

Another example could involve a pedestrian injured due to poorly maintained city sidewalks. If the city’s negligence in maintaining the sidewalks led to an injury, the pedestrian could seek damages following the same notification and claim process.

Contact Smith, Ball, Báez & Prather

Filing claims against public entities in Florida requires understanding and navigating the specific provisions of Florida Statute §768.28. Adhering to statutory procedures is crucial for a successful claim for individuals injured by the negligence of state agencies or their employees, such as in public transportation accidents. Contact Smith, Ball, Báez & Prather for expert guidance through this complex process. Our experienced personal injury team is dedicated to advocating for your rights and helping you secure the compensation you deserve.

If you’ve been injured due to the negligence of a Florida public entity, don’t navigate the legal challenges alone. Reach out to our team for comprehensive support in pursuing your claim.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.28.html