How to File a Personal Injury Claim Against the State of Florida

Being injured because of the negligence of a Florida state employee or government agency can involve a different legal process than an ordinary personal injury claim. Florida generally protects the state and its agencies from certain lawsuits through sovereign immunity, but state law allows injured individuals to pursue claims in certain circumstances.

Claims involving the State of Florida can include additional requirements involving written notice, identification of the correct government entity, investigation procedures, deadlines, and limits on damages. Missing an important procedural requirement may affect the ability to pursue compensation.

This guide explains how personal injury claims against the State of Florida generally work, the steps involved in submitting a claim, what evidence may help support the case, and what can happen if the state disputes or denies the claim.

For broader guidance on Florida injury claims, visit The Morgan Law Group’s Personal Injury Resource Center.

Claims against government entities can involve strict procedural and legal requirements. This article provides general information and is not legal advice.

Florida’s Division of Risk Management handles certain claims involving the state through its liability programs. The process can differ from a typical personal injury claim because the correct agency must be identified and specific notice and investigation requirements may apply.

Florida’s waiver of sovereign immunity does not mean that every injury involving a government employee or state agency will result in a successful claim. The claim must still satisfy the applicable requirements involving negligence, notice, damages, and other legal limitations.

Because claims involving government entities can have different deadlines and procedural requirements, it can also be helpful to review our guide on Florida personal injury filing deadlines.

Florida government claims can involve different agencies and public entities. Determining who employed the person involved, controlled the property, or operated the vehicle can affect where notice must be sent and how the claim proceeds.

Identifying the correct entity is particularly important because notice requirements may depend on which governmental agency is responsible for the alleged negligence.

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If the injury involved a motor vehicle collision, review our guide on what to do after a car accident in Florida. You can also visit The Morgan Law Group’s Personal Injury Resource Center for broader guidance on preserving evidence and handling an injury claim.

The notice should provide enough information for the government to understand the nature of the claim and investigate what occurred.

• Identify the claimant: Include information sufficient to identify the person making the claim.
• Describe the incident: Explain what happened, when it happened, and where it occurred.
• Identify the government entity involved: The notice should be directed to the appropriate agency connected to the claim.
• Describe the injuries or damages: Explain the nature of the harm allegedly caused by the incident.
• Provide supporting information: Relevant records and other documentation may assist the government in evaluating the claim.
• Notify the appropriate state entities: Depending on the claim, notice may need to be provided to the responsible agency and the Florida Department of Financial Services, Division of Risk Management.

Florida law does not require a particular statutory tort claim form in every case. A written narrative describing the facts of the claim and the nature of the damages may be sufficient, depending on the circumstances.

Because notice requirements can affect a person’s ability to pursue a claim, it is important to understand the applicable requirements and deadlines before submitting a claim.

During the investigation, the state may review a variety of records and evidence connected to the claim, including:

• Accident and incident reports: Police reports, agency incident reports, and other records documenting what occurred may be reviewed.
• Medical documentation: Medical records, bills, treatment information, and other documentation may be evaluated when determining the nature and extent of the claimed injuries.
• Witness statements: Statements from witnesses, government employees, and others involved in the incident may be considered.
• Photographs and video: Images or video of the scene, property, vehicles, conditions, or injuries may help establish how the incident occurred.
• Agency records: Internal government records or documents relating to the property, vehicle, employee, or circumstances involved in the claim may be relevant.
• Employee statements: Statements from government employees involved in or familiar with the incident may be reviewed.
• Evidence concerning liability: The investigation may consider evidence related to whether the government entity or employee was legally responsible for the injury.
• Documentation of damages: Medical expenses, lost income, property damage, and other records may be reviewed when evaluating the amount of damages claimed.

The Florida Division of Risk Management explains that claims are generally assigned to an adjuster who investigates liability and evaluates damages.

After the investigation, the claim may be accepted, disputed, negotiated, or denied.

For example, if someone is injured because of an alleged dangerous condition on government property, evidence may be relevant to whether the responsible entity knew or should have known about the condition and whether reasonable steps were taken to address it.

The facts can vary significantly from one claim to another, so the negligence analysis depends on the specific incident, the government entity involved, and the available evidence.

For broader guidance on whether an injury may support a claim, visit The Morgan Law Group’s Personal Injury Resource Center.

Depending on the circumstances, damages and supporting records may include:

• Emergency medical treatment: Keep records related to ambulance services, emergency room care, diagnostic testing, and treatment received immediately after the accident.
• Hospitalization and follow-up care: Preserve hospital records, specialist visits, follow-up appointments, rehabilitation records, and documentation of ongoing treatment.
• Prescription medications: Keep records of prescription medications and other treatment-related expenses associated with the injury.
• Lost income: Pay records, employer statements, tax records, and other financial documents may help establish income lost because the injury prevented you from working.
• Reduced earning capacity: More serious injuries may affect a person’s ability to return to the same type of work or earn the same income in the future.
• Property damage and other losses: Depending on the incident, the claim may also involve vehicle damage, damaged personal property, or other losses associated with the injury.

Medical records and financial documentation can help establish the extent of the losses associated with the injury. Keeping these records organized throughout the claim process can make it easier to explain and support the damages being requested.

For additional guidance on documenting an injury claim, visit The Morgan Law Group’s Personal Injury Resource Center.

The Florida Department of Financial Services states that the state generally has 180 days to investigate a claim before it is deemed denied.

During that period, the claim may be assigned to an adjuster who investigates liability and evaluates the damages being claimed. The review may include accident records, medical documentation, witness statements, agency records, photographs, and other evidence related to the incident.

Certain circumstances can affect how the investigation period applies, so the applicable law and facts of the claim should be reviewed carefully.

These statutory limits can significantly affect a claim when an injury results in substantial medical expenses, lost income, reduced earning capacity, or other damages that exceed the amount the state may generally pay under Florida’s sovereign-immunity framework.

What If the Damages Exceed the Statutory Limits?

In some circumstances, a claimant may pursue a legislative claims bill seeking compensation above the statutory limits. This is a separate process involving the Florida Legislature and does not automatically result in additional compensation.

Because the statutory limits can affect the potential recovery in a serious injury claim, understanding the value of the damages and the government entity involved is an important part of evaluating the case.

Before deciding what to do next, it is important to understand why the claim was denied and whether the applicable procedural requirements were satisfied.

• Review the reason for the denial: Determine whether the state disputes liability, the amount of damages, the evidence supporting the claim, or another issue.
• Confirm notice requirements were satisfied: Claims against government entities can involve specific notice and procedural requirements, so verify that the required steps were completed.
• Check applicable deadlines: Review whether any filing or procedural deadlines may affect the ability to pursue the claim further.
• Evaluate the evidence: Consider what documentation supports the claim, including accident records, medical records, witness information, photographs, and other relevant evidence.
• Determine whether liability is still disputed: The state may deny the claim because it does not believe the government entity or employee was legally responsible.
• Consider additional legal options: Depending on the circumstances, an injured person may have the ability to pursue litigation or other remedies after a denied state liability claim.

Because claims involving governmental entities can include procedural requirements that do not apply to ordinary personal injury claims, legal review may help determine what options remain after a denial.

For additional information about disputed injury claims, visit The Morgan Law Group’s Personal Injury Resource Center.

These claims are highly fact-specific. Whether a claim can proceed depends on the nature of the incident, the responsible government entity, and whether the applicable legal and procedural requirements are satisfied.

If the injury involved a motor vehicle collision, review our guide on steps to take after an auto accident in Florida. For broader injury resources, visit The Morgan Law Group’s Personal Injury Resource Center.

Legal guidance may be helpful when you need assistance understanding how those requirements apply to your specific situation.

• You are unsure which government entity is responsible: Identifying the correct state agency or government entity can affect where notice must be sent and how the claim is handled.
• You have questions about notice requirements: An attorney may help explain what written notice may be required, where it should be submitted, and what information should be included.
• You are concerned about deadlines: Claims involving the state may be affected by notice, investigation, and filing deadlines that should be reviewed carefully.
• The claim is disputed or denied: Legal review may help clarify why the claim was denied, whether liability or damages are disputed, and what additional options may be available.
• You are unsure whether sovereign immunity applies: An attorney may help evaluate whether the circumstances fall within Florida’s waiver of sovereign immunity.
• You need help evaluating damages: Serious injuries may involve medical expenses, lost income, reduced earning capacity, property damage, and other losses that should be documented and reviewed.

Early legal guidance may also help preserve evidence and reduce the risk of procedural issues affecting the claim.

The Division of Risk Management provides official information about liability claims involving Florida state agencies, including written notice requirements, claim investigations, automobile and general liability claims, and applicable liability limits.

Official Florida Resources

Because claim procedures and legal requirements can change, use the Florida Department of Financial Services resources for the most current information about submitting a claim, investigation procedures, and liability limits.

For broader Florida injury guidance, visit The Morgan Law Group’s Florida Resource Center and Personal Injury Resource Center.