Short answer: Yes—but only under specific rules, strict deadlines, and damage limits.
Florida law allows families to bring wrongful death claims against the State of Florida and certain government entities, but these cases are governed by special statutes that make them very different from lawsuits against private individuals or companies.
Understanding Sovereign Immunity in Florida
Historically, governments could not be sued at all due to a legal doctrine known as sovereign immunity. Florida has partially waived this immunity, allowing wrongful death and personal injury claims only under limited conditions.
That waiver is found in Florida Statutes §768.28, which governs lawsuits against the State of Florida and its agencies.
Who Can Be Sued in a Florida Government Wrongful Death Case?
Depending on the facts, potential defendants may include:
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The State of Florida
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Counties and cities
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Public school boards
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Police departments and sheriff’s offices
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State hospitals and public healthcare facilities
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State transportation agencies (including FDOT)
These claims often arise from incidents such as:
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Fatal car or pedestrian accidents involving government vehicles
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Dangerous road conditions or missing traffic controls
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Negligent law enforcement actions
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Medical negligence at public hospitals
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Unsafe conditions on public property
What Is Required Before You Can Sue?
1. Pre-Suit Notice Is Mandatory
Before filing a lawsuit, you must provide written notice of the claim to:
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The appropriate government agency, and
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The Florida Department of Financial Services
This notice must generally be served within three years of the wrongful death.
2. Waiting Period
After notice is given, you must wait up to 180 days for the government to investigate and respond before filing suit (unless the claim is denied sooner).
Failing to comply with these steps can permanently bar the claim—even if the case itself is strong.
Damage Caps in Government Wrongful Death Cases
Unlike wrongful death claims against private parties, Florida strictly limits damages against government entities.
Statutory Caps Under §768.28
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$200,000 per person
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$300,000 per incident, regardless of how many victims or survivors
This means that even catastrophic cases involving clear negligence may be capped at these amounts unless the legislature approves more.
What Is a Claims Bill?
If damages exceed the statutory cap, families may petition the Florida Legislature for a claims bill, also known as a relief bill.
Important realities:
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Claims bills are rare
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The process is political and lengthy
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Approval is never guaranteed
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Payment may take years, if approved at all
This makes early legal strategy critical.
Who Pays the Judgment?
If liability is established:
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Payment comes from public funds or insurance policies held by the agency
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Individual government employees are typically not personally liable unless they acted in bad faith or with malicious intent
Who Can Bring the Wrongful Death Claim?
Under the Florida Wrongful Death Act, only the personal representative of the deceased’s estate may file the lawsuit, on behalf of:
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The surviving spouse
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Children
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Parents
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Other qualifying dependents
Why These Cases Are Especially Complex
Wrongful death claims against the government are not DIY cases. They involve:
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Shorter and stricter deadlines
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Immunity defenses unavailable in private cases
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Mandatory notice requirements
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Reduced damages regardless of fault
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Procedural traps that can end a case early
A single misstep can eliminate the family’s right to recover anything at all.
Final Thoughts
Yes, you can file a wrongful death claim against the State of Florida or a government entity—but only if you strictly follow Florida’s sovereign immunity laws and procedural rules.
If your loved one died due to negligence involving a government agency, speaking with a Florida wrongful death attorney as early as possible is essential to protect your rights, preserve evidence, and avoid fatal legal mistakes.
Contact Florida Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
