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If you are injured because of someone else’s negligence, you typically pursue compensation through an insurance claim or lawsuit. But what happens if the responsible party is a city government?
In Florida, you can sue the city for personal injury in certain situations. However, claims against government entities follow different rules than cases against private individuals or companies. Speaking with a Melbourne personal injury lawyer can help you understand whether your situation qualifies and what steps must be taken.
How Florida’s sovereign immunity laws affect suing the city for personal injury
Florida’s Tort Claims Act, found in Section 768.28 of the Florida Statutes, provides a limited waiver of sovereign immunity. This means that government entities, including cities, can be sued for negligence in certain circumstances, but only if specific statutory requirements are met.
You don’t have the right to sue an individual employee unless you can demonstrate that they acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property under Section 768.28(9)(a).
If a government employee was acting within the scope of their employment at the time of the incident, the claim is generally brought against the city, not the individual employee.
Why suing a government is different from suing an individual
To take legal action against a government office or agency, you must follow certain procedures, and you can usually only sue a city for negligence leading to injury or property damage. For example, if the City of Melbourne decides to change a street from two-way to one-way, you generally cannot sue over discretionary policy decisions made by the city.
However, if you’re injured because the road isn’t maintained and unfixed potholes contributed to your automobile accident, you may have a valid claim.
Before filing a lawsuit, Florida law requires you to provide written notice of your claim to the appropriate government agency and to the Florida Department of Financial Services. The city then has 180 days to investigate and respond. During that time, you cannot file suit unless the claim is formally denied. These notice requirements are strict, and missing them can prevent a case from moving forward.
If you receive a settlement offer for your personal injury damages, it’s wise to hire a lawyer to review your personal injury case before accepting any money. Once you sign the offer, it’s final. You can’t claim more, but if you have experienced legal counsel, they may be able to present evidence demonstrating that you deserve a higher settlement.
Florida law establishes limits on how much you can receive in a claim against Melbourne
Florida law limits how much compensation can be recovered in claims against government entities. Under current law, damages are generally capped at $500,000 per person and $1 million per incident. In some cases, though, higher amounts may be possible through a legislative claims bill, but that is a separate process.
Why working with a personal injury attorney matters when suing the City of Melbourne
Claims against the City of Melbourne are not evaluated the same way as ordinary personal injury cases. Sovereign immunity rules and statutory damage caps can all affect if a claim moves forward and what it may ultimately be worth.
An experienced personal injury attorney can assess whether the city may be legally responsible, determine if any third parties share liability, and evaluate how Florida’s compensation limits may impact your recovery. In some cases, contractors or private companies involved in maintenance or construction may also play a role.
Government agencies are represented by defense counsel whose job is to limit exposure. Having an attorney ensures your medical bills, lost income, and other damages are clearly documented and presented in a way that supports the strongest possible claim.
Talk to a Melbourne personal injury attorney about suing the city
If you are wondering whether you can sue the city for personal injury, the answer depends on the facts of your case and whether the legal requirements have been met. Claims against government entities are possible, but they must be handled carefully and correctly from the start.
Lytal, Reiter, Smith, Ivey & Fronrath offers free consultations to review your situation and explain what options may be available. Call (561) 655-1990 or contact us online to speak with an attorney who can assess your potential claim and help you understand the next steps.