Sovereign Immunity and Pre-Suit Notice in Florida Personal Injury Cases: Zeidwig Law Perspective
Navigating personal injury claims involving government entities in Florida requires a thorough understanding of sovereign immunity and strict adherence to pre-suit notice requirements. At Zeidwig Law, led by experienced trial attorney Gary M. Zeidwig, we are committed to guiding clients through these complex legal processes to ensure their rights are protected.
Understanding Sovereign Immunity in Florida
Sovereign immunity is a legal doctrine that protects government agencies and employees from being sued without their consent. In Florida, this principle is outlined in Section 768.28 of the Florida Statutes, which provides a limited waiver of immunity, allowing individuals to pursue claims against the state under specific conditions. However, strict compliance with statutory procedures is essential to proceed with such claims.
Pre-Suit Notice Requirements
Before initiating a lawsuit against a government entity in Florida, claimants must adhere to the pre-suit notice requirements mandated by Section 768.28(6) of the Florida Statutes. This involves submitting a written notice to both the appropriate agency and the Florida Department of Financial Services (DFS) within three years of the incident. The notice must include:
· Detailed Description of the Incident: A clear account of the circumstances surrounding the alleged negligence.
· Extent of Injuries and Damages: Comprehensive information about the injuries sustained and the damages incurred.
· Amount of Compensation Sought: A specified demand for compensation related to the damages.
After submitting the notice, the government has a 180-day period to investigate and respond to the claim. During this time, claimants are generally prohibited from filing a lawsuit unless the claim is denied before the end of the investigation period.
Importance of Compliance
Strict adherence to these pre-suit notice requirements is crucial. Failure to comply can result in the dismissal of the claim, as Florida courts have consistently upheld the necessity of following these statutory procedures precisely. For example, in a recent appellate decision, the court reversed a trial court's denial of summary judgment in favor of a sheriff's office because the claimant did not meet the pre-suit notice conditions, thereby upholding the sovereign immunity defense.
How Zeidwig Law Can Assist
At Zeidwig Law, we specialize in handling personal injury claims against government entities, ensuring that all procedural requirements are meticulously followed. Our services include:
· Case Evaluation: Assessing the merits of your claim and determining the appropriate course of action.
· Notice Preparation and Filing: Assisting in the accurate and timely preparation of the pre-suit notice to the relevant government entities and the DFS.
· Negotiation and Litigation: Representing your interests during the government's investigation period and, if necessary, pursuing litigation to secure the compensation you deserve.
Contact Zeidwig Law
Phone: (954) 523-3993
Address: 4849 N Dixie Hwy, Ste 103 & 104, Fort Lauderdale, FL 33334
Website: www.zeidwiglaw.com
*Note: This article is for informational purposes only and does not constitute legal advice. For personalized legal guidance, please contact our office directly.*