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Sovereign Immunity in Florida Part 2

I posted earlier today about how Florida's sovereign immunity statute caps the amount that can be recovered by one accident victim in personal injury cases against the state at $200,000 (absent approval from the legislature). Another important part of Florida's sovereign immunity statute is the reporting requirement. Florida Statutes 768.28 (6) requires that an accident victim must give written notice to Florida's Department of Financial Services within 3 years of the accrual of the claim. This restriction is very important to consider when a party has been injured due to the negligence of a state employee. This three year requirement for reporting the claim is different than most of Florida's statutes of limitations. An injured party may not bring a lawsuit against the state unless the Department of Financial Services has denied the claim in writing.

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