If you’ve been injured on public property in Florida, you may be wondering about your legal options and how much time you have to file a claim. Unlike injuries on private property, claims against government entities follow different and strict rules. Missing these deadlines can bar your right to compensation.
This guide explains Florida’s statute of limitations for personal injury lawsuits, the unique requirements for Florida public property injury claims, and the critical steps you need to take to protect your rights. Whether you’ve suffered a slip and fall accident, a pedestrian injury, or another type of public property injury, understanding these deadlines is essential. The Bruner Law Firm has helped injured Floridians navigate these complex requirements for over 30 years.
Understanding Florida’s Statute of Limitations for Personal Injury Claims
Florida law sets specific time limits for filing personal injury lawsuits, known as statutes of limitations. These deadlines exist to ensure cases are filed while evidence is fresh and witnesses are available.
For most negligence claims in Florida occurring on or after March 24, 2023, the statute of limitations is two years from the date of injury. (Note: For injuries before that date, the four-year limit applies.) However, this general rule changes when the injury occurs on public property.
Injuries on government-owned or controlled property, such as a public park, sidewalk, building, or beach, are governed by Florida’s sovereign immunity laws. These laws limit government liability but also set a special process for pursuing compensation.
A key distinction is the difference between the notice of claim deadline and the lawsuit filing deadline. These are separate timelines, and missing either can permanently bar your case. Consulting a Florida personal injury lawyer early can help you stay within these deadlines.
The 3-Year Notice Requirement for Public Property Injuries
If you’re injured on public property in Florida, you must file a written notice of claim within three years of the injury, as required by Florida Statute § 768.28. This rule applies to claims against cities, counties, state agencies, or school districts. For wrongful death claims, the deadline is two years from the date of death. These deadlines are strict and cannot be waived.
Your notice must include your name and contact information, details of how and where the injury occurred, a description of your injuries and treatment, an estimate of damages, and the name of the responsible government entity. Incomplete or vague notices can be rejected.
Send the notice to the appropriate entity—city, county, state agency, or school district—depending on where the injury occurred. An attorney can help identify the correct recipient and ensure proper filing.
The 6-Month Waiting Period After Filing Notice
After filing your notice, you must wait six months before filing a lawsuit. During this time, the government can investigate, settle, or deny your claim. If it denies or doesn’t respond within six months, you may proceed to court. Many claims settle during this period without the need for litigation.
Damage Caps on Public Property Injury Claims
A major difference between public and private property premises liability claims is the presence of damage caps. In Florida, when suing a government entity for injuries on public property, recovery is limited to $200,000 per person and $300,000 per incident, regardless of the severity of injuries or negligence involved. Punitive damages are also unavailable against government entities.
These limits do not apply to premises liability claims against private property owners. If you’re injured due to negligence on private property, you may recover full damages without statutory caps.
Knowing whether a property is public or private is essential because it affects your potential compensation. An attorney can help you pursue all eligible damages and work toward a settlement that reflects the maximum recovery allowed under the law.
Common Types of Public Property Injuries in Florida
Public property injuries can occur in many ways. Common examples include slip and fall accidents on sidewalks, parks, or government buildings, as well as incidents at public beaches, recreational facilities, and government offices. Pedestrian accidents involving government vehicles also fall into this category.
These injuries often result from poor maintenance, such as broken pavement, inadequate lighting, missing handrails, or debris in walkways. Construction site accidents on public property and accidents involving government vehicles or equipment may also qualify for claims against a government entity.
Other frequent examples include injuries at public swimming pools, playgrounds, and recreational areas, especially when the government fails to maintain safe conditions or provide supervision. Negligence by government employees, such as a police officer’s reckless driving or failure to warn of hazards, can also create liability. Even dog bites on public property may involve government responsibility.
The key distinction is ownership: when a government entity owns or controls the property, sovereign immunity rules and specific procedures apply. If you’re unsure whether the property is public or private, an attorney can help you determine ownership and your legal options.
Steps to Take After a Public Property Injury
Taking the right steps immediately after suffering an injury on public property can significantly impact your case. Here’s what you should do:
Seek Medical Attention: Get medical care right away, even for minor injuries. Medical records document your condition and link it to the incident.
Document the Scene: Safely take photos or videos of the hazard, the surrounding area, the lighting, and any warning signs. This evidence supports your claim.
Gather Witness Information: Collect names and contact details of anyone who saw the accident. Witness statements can help prove negligence.
Report the Incident: Notify the proper authority (city, county, or facility management) and request a copy of the incident report.
Preserve Evidence: Keep medical records, receipts, proof of lost wages, and any documents related to your injury and treatment.
Consult an Attorney Promptly: Contact a personal injury attorney as soon as possible to file required notices and protect your right to recover damages.
When Should You Hire a Personal Injury Attorney?
You should hire a personal injury attorney as soon as you suffer a serious injury on public property. Acting quickly helps protect your rights and ensures your notice of claim is filed correctly and on time. An attorney can investigate the incident, gather evidence and witness statements, negotiate with the government entity, and represent you in court if needed. Most personal injury attorneys work on a contingency fee basis, meaning you pay no legal fees unless you recover compensation, making legal help accessible without upfront costs.
Frequently Asked Questions About Florida’s Filing Deadlines
What happens if I miss the 3-year notice deadline?
If you miss the three-year deadline for filing a notice of claim, you lose your right to sue the government entity. The deadline is absolute, and courts will not extend it except in very limited circumstances. This is why acting quickly is essential. Once the three-year deadline passes, your claim is barred forever, regardless of how serious your injuries are or how clear the government’s negligence was. The statute of limitations is one of the most critical aspects of public property injury claims.
Can the statute of limitations be extended in Florida?
In rare circumstances, the statute of limitations may be extended. For example, if the injured party is a minor, the deadline may be tolled (paused) until they reach the age of majority. If the injured party is mentally incapacitated, the deadline may also be tolled. However, these exceptions are narrow and technical, and you should not rely on them. File your notice of claim within three years to protect your rights. Tolling exceptions are limited and should not be counted upon.
Does the clock start from the date of injury or when I discovered the injury?
The clock starts from the date of the injury, not from when you discovered it. This is called the “occurrence rule.” Even if you did not immediately realize you were injured, the three-year deadline begins on the date the injury occurred. This is why it’s important to act quickly, even if you’re not sure whether you have a viable claim. The occurrence rule applies strictly in Florida public property injury cases.
What’s the difference between a notice of claim and a lawsuit?
A notice of claim is a formal written notification to the government entity that you intend to pursue a claim. It is not a lawsuit. After filing the notice of claim and waiting six months, you then file a formal lawsuit in court if the claim is denied or unresolved. The notice of claim is a prerequisite to filing a lawsuit against a government entity. Understanding this distinction is essential for managing your case properly.
Can I file a wrongful death claim against a government entity?
Yes, you can file a wrongful death claim against a government entity if someone dies as a result of an injury on public property. However, the deadline is shorter—two years instead of three years. The damage caps still apply to wrongful death claims. If a loved one has died due to an injury on public property, contact an attorney immediately to ensure the notice of claim is filed within the two-year deadline. Wrongful death claims require immediate legal action.
Why You Need an Experienced Public Property Injury Attorney
Claims against government entities involve complex rules on sovereign immunity, notice requirements, and damage caps that differ from private property claims. A single missed deadline or incomplete filing can jeopardize your case.
For over 30 years, The Bruner Law Firm has represented injured individuals in public property injury claims across Florida. Our attorneys understand the procedural requirements and know how to pursue the maximum recovery allowed by law, so you can focus on your healing.
Our legal team includes attorneys with significant experience in personal injury law. We represent clients throughout Florida and have the resources to handle complex public property injury claims. Our track record of successful settlements and verdicts demonstrates our commitment to injured Floridians. Read our client testimonials to learn more about the experiences of those we’ve represented.
Call (850) 243-2222 or reach out online. We represent clients throughout Florida and are ready to help you understand your rights and pursue the compensation you deserve.
