Making an Injury Claim Against the Government in Florida

In Florida, as in every state, if you're injured because of someone else's carelessness or negligence—in a car accident or a slip and fall, for example—you can usually just file a personal injury lawsuit in court. But what if it was a city bus that rear-ended you, or what if that broken linoleum you tripped on was in a state-owned building?

Claimants injured by the negligence of the Florida government or one of its employees will need to play by a different set of rules, at least initially, in order to get compensation for their losses.

What Is the Florida Tort Claims Act?

State governments are entitled to "immunity" from most kinds of liability, meaning you usually can't just file a lawsuit against a state. But every state has also passed laws that "waive" (voluntarily give up) this immunity in certain situations, including when the fault of the government or one of its employees causes harm.

These laws (often called "tort claims acts") open the door for residents of the state and others to get compensation caused by the wrongful action of the government. (Note: The legal term "tort" covers most kinds of harmful conduct, whether accidental or intentional.)

The Florida Tort Claims Act (FTCA) can be found at Fla. Stat. § 768.28 (2025). It allows claims for compensation ("damages") when the negligent or wrongful action (or inaction) of any government employee (acting "within the scope of their office or employment") causes:

• injury
• damage to property, or
• death.

Does Florida's Tort Claims Act Apply to Injury Claims Against a City or County?

Yes. The structure of Florida's government is somewhat unique, in that counties are considered "subdivisions" of the state. And the FTCA itself defines "state agencies or subdivisions" to include "counties and municipalities," like cities and towns. So, FTCA liability also applies to Florida's cities and counties. (Fla. Stat. § 768.28(2) (2025).)

What Kinds of Claims Are Allowed Under the Florida Tort Claims Act?

The FTCA says the government can be liable for harm caused by a government employee (who's acting within the scope of their duty at the time) in any situation where the state, agency, or subdivision, if it were a private person, would be liable to the claimant. (Fla. Stat. § 768.28(1) (2025).)

For example, a person who's injured by the government or a government employee (whether at the state or local level) can file a claim and ask for damages caused by:

• a slip and fall or other accident on government property
• medical malpractice committed by a health care provider who's employed by a state or county-owned hospital, or
• a car accident caused by a government employee while on duty.

Are There Caps on Damages Under the Florida Tort Claims Act?

Yes. The FTCA puts a limit, or "cap," on the damages you can collect. Under Fla. Stat. § 768.28(5) (2025):

• no claimant can receive more than $200,000 in a single claim or judgment against the government, and
• the government can't be made to pay more than $300,000 for all claims or judgments "arising out of the same incident or occurrence" (so for example, after an accident involving a city bus where dozens of people are hurt, the total of all claims can't exceed $300,000).

In rare situations, it might be possible for a claimant to receive compensation above and beyond these caps, but approval from the state legislature is necessary.

In addition to these damage caps:

• the FTCA bars punitive damages against the government, and
• the FTCA doesn't allow prejudgment interest, meaning interest between the date of injury and the date a judgment is entered against the government.

How Do I File a Florida Tort Claims Act Case?

If you think your injury or other harm was caused by the negligence of the government or one of its employees, you must send written notice of your claim to both the involved agency and the Florida Department of Financial Services, Risk Management Division.

According to the Risk Management Division, which is responsible for handling claims, there's no required form for submitting notice of your claim. You can simply write a letter stating:

• the date of the incident
• the facts that led to your injury or other harm, and
• details of the losses you've suffered (the nature and extent of your injuries, any property damage repair estimates, etc.)

If you prefer to use an optional Risk Management Division claim form to submit your claim, you can. When your claim is against a Florida city or county, check the official website or do an online search and see if claim forms are available. If you don't have any luck online, speak to the municipal clerk or attorney.

Special filing rules might apply to cases filed against law enforcement officers or agencies, public health agencies (including public hospitals), and the Florida Space Agency.

What's the Deadline for Filing a Florida Tort Claims Act Case?

You'll need to put the government on notice of your injury or property damage claim within three years from the date of the underlying incident. Notice of a claim for wrongful death must be filed within two years of the incident that caused the death. (Fla. Stat. § 768.28(6)(a) (2025).)

What Happens After You File Your Notice of Claim?

Typically, the Risk Management Division will review your notice of claim and decide whether to pay the claim (by offering a settlement) or deny it. You should hear a response either way within a few months.

Under the FTCA, the government has six months to investigate your claim (90 days in the case of a medical malpractice or wrongful death claim). You're not allowed to sue the government until this investigation period expires, unless your claim is formally denied before then. Once the investigation period ends, if you haven't received an official response to your claim, or if it's been denied, you're free to file a lawsuit. (Fla. Stat. § 768.28(6)(d) (2025).)

Remember that the damage caps discussed above will apply to any lawsuit you file.

Note: Inmates of the Florida Department of Corrections have one year to give written notice of their claim and three years in which to file the lawsuit itself, in most cases.

Get Help With Your Injury Claim Against the Government In Florida

If your injuries were fairly minor and you're comfortable handling the "notice of claim" requirement, you don't always need a lawyer's help with a claim against the government in Florida. But if the government has already denied your claim, or if you'd just rather hand everything off to an experienced professional at the outset, hiring a lawyer could be the right move. Learn more about when you need a lawyer for a personal injury claim, and get tips on finding the right injury lawyer.