When you sustain an injury due to the negligent actions of another person, it can be incredibly upsetting as you can suffer physically, emotionally and financially as a result. However, when the person responsible for the injuries you’ve endured is the government, it can be even more overwhelming. As such, it’s imperative to understand the steps you must take if you wish to hold the negligent party responsible, as filing a claim against the government is different than pursuing one against a private citizen. One major difference is that you must file a notice of claim. If you’re unsure what this is or how to file, keep reading. The following blog explores what you must know about these matters and how a Wesley Chapel personal injury lawyer can help you through these complicated times.
What Is a Notice of Claim?
It’s important to understand that the federal and state governments have sovereignty, which essentially grants them immunity from most lawsuits. However, these institutions have passed laws that allow them to waive this immunity in some circumstances, including tort claims. As such, a citizen who is injured due to the negligent actions of the government is within their right to file a lawsuit, but they must first ensure they take the correct steps to bring about a valid claim.
If you have suffered due to the negligent actions of another, such as slipping in the post office or being struck by a falling object in your local state-run agency, you cannot file a lawsuit without first filing a notice of claim. This essentially informs the government that you intend to file a lawsuit against them. You must write a letter to the agency involved and inform them of the date and time the incident occurred, the circumstances surrounding the accident and a detailed list of the damages you’ve suffered.
How Long Do I Have to File in Florida?
In most states, the statute of limitations for filing a notice of claim is six months from the date of the accident. However, in Florida, you have three years to submit a notice of claim against a negligent government agency. Once you submit the claim, the agency will review the incident and either accept or deny your claim. You cannot file a lawsuit until 180 days have passed since you filed the notice or the agency denied your claim before the period elapses.
Filing a notice of claim against a government agency in Florida for the injuries you sustained can be daunting. As such, it’s imperative to connect with an experienced attorney who can help assist you during these matters. At the Law Offices of Matthew J. Jowanna, we understand that pursuing a lawsuit against the government can be intimidating, which is why our dedicated team is ready to help you fight for the compensation you deserve. Connect with our firm today to discuss these circumstances in further detail and learn how we can fight for you.