-Photoroom.png)
Damage Caused by Municipality/Government
Government or municipal damage to your Florida property? Jimenez Legal navigates immunity rules to recover your losses.
Property Damage Caused by a Government Entity in Florida
Sometimes the source of property damage is a city, county, or state agency, a water main that bursts, a road or drainage project that floods adjacent property, or a government vehicle that strikes your home. Claims against public entities are possible, but they follow special rules that do not apply to private defendants, and missing those rules can end a valid claim before it begins.
Florida's sovereign-immunity statute, Section 768.28 in the Florida Statutes, partially waives the government's immunity but imposes strict conditions: a written notice of claim must be served on the responsible agency and the state within a defined period, the agency is given time to investigate before suit, and recoveries are capped by statute. These requirements are unforgiving, which is why early legal involvement is essential.
Despite the hurdles, government entities can and do pay for the damage their negligence causes when the claim is handled correctly.
This is part of our Property Damage Claims practice. Related matters include damage caused by a company and flood damage. Review our case results, learn about Attorney Edward G. Jimenez, or request a free consultation by calling (321) 465-3425.
Client Reviews
Sovereign Immunity Explained
Governments are generally immune from suit, but Florida's Section 768.28 waives that immunity for many negligence claims, allowing recovery within limits. The waiver is conditional and narrower than the rules for private defendants, and certain discretionary, policy-level decisions remain immune. We analyze whether your claim fits within the waiver and how the immunity rules affect your strategy and expected recovery.
The Notice Requirement and Caps
Before suing a government entity, Florida law generally requires serving a written notice of claim on the agency and the Department of Financial Services within a set time, and waiting through a statutory investigation period. The statute also caps damages payable by the government, though excess amounts can sometimes be sought through a claims bill. Because a missed or defective notice can bar the claim entirely, precise compliance is critical.
Act Immediately
The combination of short notice deadlines and strict procedures means there is no time to wait on a government claim. Document the damage and its source right away, identify the responsible agency, and get legal advice before the notice window closes. We handle the notice, the investigation period, and the litigation if needed, so your claim is preserved and pursued correctly. Call Jimenez Legal at (321) 465-3425 or request a free consultation.
Frequently Asked Questions
Sometimes, but sovereign immunity rules and strict notice requirements apply to claims against public entities.
Florida requires written notice within a set period before suing a government entity, so prompt action is critical.
Florida law places limits on recoveries against government entities in many situations.
Photos, repair estimates, and documentation of the cause and the responsible agency all help.
Because the procedural rules are strict and a missed notice deadline can bar your claim entirely.
Need Legal Services? Call us now!
Give us a call today and let us help you with what we do best
.jpg)