Unfortunately, accidents can occur at just about any property in the Sunshine State. Whether it’s a sidewalk or parking lot, if injuries occur due to negligence, victims have the right to seek justice for the harm they have suffered. However, it’s important to meet certain requirements, such as filing your claim within the legally prescribed time limit, in order to preserve your rights. Depending on the circumstances of your accident, you may have much less time to act. This is particularly the case if the party responsible for your injuries is a government employee or agency as you will need to file a Notice of Claim. Please continue reading to learn the statute of limitations for filing a Notice of Claim in Florida and why connecting with our dedicated Bradenton Personal Injury Lawyers is in your best interest.
What is a Notice of Claim?
If you want to pursue legal action against a governmental entity, it’s crucial to understand there are certain limitations. In Florida, the doctrine of sovereign immunity shields the government from liability for accidents and injuries on its premises. Essentially, the government cannot be sued without its consent.
Nonetheless, the state understands the importance of accountability, which is why it has enacted the Florida Tort Claims Act (FTCA). Under limited circumstances, the state can waive its sovereign immunity, enabling injured parting to seek justice for their suffering when their injuries are caused by government negligence. Although there are exceptions to the state’s sovereign immunity, it’s essential to understand that the process can be complex and requires meeting stringent procedures. This includes providing the government with advanced knowledge, prior to the commencement of a lawsuit, that it may be subject to a claim for damages.
State law imposes an obligation upon injured parties who wish to sue the state, local government, or a government agency for monetary damages to file a Notice of Claim. This is a requirement because it grants the municipality the opportunity to investigate the circumstances and the merits of the potential claim.
What is the Statute of Limitations for Filing a Notice of Claim in FL?
Generally speaking, the statute of limitations for a Florida Tort Claims Act case is two years from the date of the injury. A Notice of Claim for wrongful death must be filed within two years of the alleged incident that caused the death. It’s important to note that under the terms of this act, no lawsuit can be filed against the government until after a 180-day investigation period unless the claim has already been formally denied. Once the investigation period ends, if you haven’t received an official response, or if it’s been denied, sovereign immunity will be waived and you can initiate a lawsuit against the government. Failure to file a Notice of Claim within the legally prescribed time limit will result in the absolute bar of recovery.
As you can see, it’s crucial to follow the specific legal procedures required when pursuing legal action against the government in Florida to protect your legal rights. At Becker & Lindauer, LLC, we are prepared to help you navigate the claims process and effectively represent your interests. Connect with us today to learn how we can assist you in the fight for justice.
