Claims Against a Government Entity in Florida

When This Applies to a Truck Crash

Government involvement in a truck crash is more common than people expect, and it is easy to miss because the government vehicle is often not the one that hit you.

• Road and intersection design, sight-line obstructions, or inadequate signage.
• Work zones on public projects, including traffic control setup — see Construction Zones.
• Signal malfunction or timing.
• Maintenance failures — shoulder drop-offs, potholes, obscured signage, or vegetation blocking a view.
• Municipal vehicles, including waste collection — see Garbage Trucks.
• Government-employed drivers operating any vehicle in the course of employment.

If any of these may be involved, the analysis changes immediately, because the deadline that matters is no longer the two-year limitations period.

This is general information, not legal advice. Florida statutes are amended and courts reinterpret them. Section numbers are given so you can check the current text, and how any rule applies depends on facts a general page cannot assess. Confirm your position with an attorney.

The Notice Requirement

This is the provision that ends otherwise strong claims, and it does so quietly.

Before suing a government entity in Florida, a claimant must generally present a written claim to the appropriate agency and, in most cases, also to the Department of Financial Services. The notice must be given within a period measured from the incident that is substantially shorter than the limitations period for ordinary negligence claims, and wrongful death claims against government entities carry their own, shorter requirement.

After notice, an investigation period follows during which suit generally may not be filed. The agency may deny the claim, or simply not respond, and the claim proceeds from there.

Failure to give proper notice is generally fatal. Not late-but-curable — fatal, independently of whether the underlying limitations period has expired. A family still dealing with an injury can lose a claim without ever knowing a clock was running.

Published By

Shiner Law Group, P.A.

Founded by David I. Shiner, Esq. · AV Preeminent® rated · Florida Bar member since 2002

Shiner Law Group was founded by David I. Shiner, Esq., a Nova Southeastern University law graduate, a member of The Florida Bar since 2002, and AV Preeminent® rated by Martindale-Hubbell. The firm represents injured people across Florida from offices in Boca Raton, West Palm Beach, Fort Lauderdale, Fort Pierce, Orlando, Wellington, and Belle Glade, and handles truck accident cases on contingency: free consultations, and no fee unless there is a recovery.

The firm works to keep this information current and consistent. Spotted something wrong? Email joseph@shinerlawgroup.com and we will fix it. About this site →

Caps on Recovery

Even a successful claim against a government entity is limited. Florida waives sovereign immunity only up to statutory caps, applied per person and per incident, and those caps are considerably lower than the damages in a catastrophic injury.

Where a judgment exceeds the cap, the excess is not automatically payable. Recovering beyond it requires a claims bill passed by the Florida Legislature — a legislative process, not a judicial one, with no guarantee of success and a timeline measured in years.

The practical consequence is that in a serious injury involving a government defendant, identifying additional private defendants matters enormously. A contractor responsible for traffic control setup, or a carrier whose driver also contributed, is not subject to the cap. See Who Is Liable.

Confirm the current cap figures with an attorney; they are set by statute and have been amended over time.

The ordinary rules still apply alongside these. Fault is apportioned under Fla. Stat. § 768.81, which bars recovery above 50%, and the two-year limitations period for negligence claims arising after March 24, 2023 (Fla. Stat. § 95.11(5)(a)) runs in parallel with the far shorter notice deadline described above — meeting one does not satisfy the other.

What to Do

1. Identify government involvement immediately — road design, work zones, signals, maintenance, or a public vehicle.
2. Photograph the roadway, signage, signals, and work-zone setup before anything changes. Work zones are reconfigured constantly.
3. Note the contractor from signage or equipment, since a private contractor is not subject to the cap.
4. Get advice within days, not weeks. The notice deadline runs from the incident and is much shorter than two years.
5. Do not wait for treatment to finish. Being mid-treatment does not pause any deadline.
6. Pursue private defendants in parallel, since they are not capped.

Government Claims FAQ