Filing a Lawsuit Against a City for Negligence
June 19, 2024 | Winters & Yonker Personal Injury Lawyers | Personal Injury
When negligence on the part of a city leads to accidents and injuries, individuals are left facing physical, emotional, and financial hardships. It is important to understand your legal options for seeking compensation from a city whenever accidents and injuries occur.
Understanding the challenges of filing a lawsuit against a city for negligence and the Florida statutes that may affect your claim is beneficial. A Tampa personal injury lawyer can help you hold cities and their employees accountable for the damages they cause.
Sovereign Immunity and the Florida Tort Claims Act
Sovereign immunity is a legal doctrine that historically protected cities from being sued for negligence without their consent. However, the Florida Tort Claims Act waived some conditions of sovereign immunity. This allows you to file a lawsuit against a city in certain circumstances, including for negligence.
The Act outlines the process and conditions under which you may do so but also imposes limitations and requirements. For example, there are limits on the amount and type of damages that can be awarded. There are also requirements on the notice that must be given to a city before filing suit.
Filing a lawsuit against a city in Florida involves navigating special rules. These differ from the rules that apply to suing individuals or businesses for negligence. A Tampa personal injury lawyer can help you understand the requirements imposed by the Act so you can successfully proceed with a lawsuit against a city in Florida.
Notice Requirements for Filing a Lawsuit Against a City
You must provide the city with notice of your claim within a specified period. This is typically six months from the date of the incident. If you are giving notice to the city, you must detail the incident, your injuries, and the nature of the negligence you claim occurred.
Statute of Limitations
The statute of limitations controls how long you must file a negligence lawsuit for damages. The timeframe within which a lawsuit must be filed is two years, which is shorter than for some other personal injury claims. Failing to file a lawsuit in time will waive your right to proceed in court.
Damage Caps
The Florida Tort Claims Act limits the amount of damages that can be recovered from a city for negligence. No matter your total damages from a city’s negligence, you cannot recover more than $200,000 per person and $300,000 per incident from the city.
Examples of City Negligence Cases in Tampa, Florida
Personal injury lawsuits against cities can arise from various forms of negligence.
A Tampa personal injury lawyer can help you recover compensation for city negligence, including:
- Slip and fall accidents on poorly maintained city properties
- Injuries resulting from malfunctioning city traffic signals or signage
- Accidents involving city-operated buses or trucks
- Injuries caused by negligent city employees
Cities have a responsibility to ensure public safety. You may have legal recourse for harm caused when a city or its employees fail to do so.
A Tampa Personal Injury Lawyer Can Help You File a Lawsuit Against a City
If you believe you have suffered an injury due to the negligence of a city or another government entity in Tampa, it is important to act quickly. Do not let the thought of filing a lawsuit against a city deter you from seeking justice.
Consulting with an experienced Tampa personal injury lawyer is the first step toward understanding your rights and options. They will navigate the limitations of sovereign immunity and the Florida Tort Claims Act to fight for your deserved compensation. An attorney can guide you through each step of the process, from filing the initial notice to representing your interests in court, if necessary.
Contact the Tampa Personal Injury Law Firm of Winters & Yonker Personal Injury Lawyers for Help Today
For more information, please contact Winters & Yonker Personal Injury Lawyers to schedule a free consultation with a personal injury lawyer in Tampa today. We have five convenient locations in Florida, including Tampa, Clearwater, St. Petersburg, New Port Richey, and Lakeland.
We proudly serve Hillsborough County, Pinellas County, Pasco County, Polk County, and its surrounding areas:
Winters & Yonker Personal Injury Lawyers – Tampa Office
601 W Swann Ave, Tampa, FL 33606
(813) 223-6200
Winters & Yonker Personal Injury Lawyers – Clearwater Office
600 Bypass Dr Suite 224-D, Clearwater, FL 33764
(727) 493-4418
Winters & Yonker Personal Injury Lawyers – St. Petersburg Office
111 2nd Ave NE Suite 350, St. Petersburg, FL 33701
(727) 314-5988
Winters & Yonker Personal Injury Lawyers – New Port Richey Office
5006 Trouble Creek Rd Unit #200, Port Richey, FL 34652
(727) 910-5060
Winters & Yonker Personal Injury Lawyers – Lakeland Office
1543 Lakeland Hills Blvd Suite 18, Lakeland, FL 33805
(863) 251-6196
