Is the State at Fault? A Difficult Decision

Accidents happen all the time. Sometimes a specific person is at fault. Other times, an incident might have occurred due to an oversight by a city or state. But suing the state or a specific city within a state is a lot more complicated than it may seem. We always - always - recommend that you contact us for specific information regarding your case, but here are some things that you should know prior to setting up a lawsuit against a city or state.

Shorter Time to Sue

Every city and state has a specific statute of limitations (or time allowance). In some cases (usually related to a specific person or place) that limit can be years. Most of the time when it comes to a city or state, though, that time limit is a lot shorter. Since we are not discussing a specific case here, it’s hard to determine how long that limit is all across the state of Florida, but it’s usually less than one month.

So let’s say that you drove into a particularly deep pothole with your car while you were driving a few months ago. Now, you want to sue the city for not taking care of that pothole and for the injuries you received when your head snapped back after hitting the pothole. It may be too late now to go back and sue the state or city for this misfortune - a lawyer would have to look at your specific case in order to determine what the statute of limitations is. 


It isn’t always possible to sue a government. Some governments might be immune to a lawsuit, in fact, so don’t assume that you can sue for all things. In order to determine what you can and can’t sue for when it comes to government, you have to know the specific laws for that city or state. In some cases, you can’t sue for things like potholes. In other cases, you can. 

Notifying the State

It’s unusual to be able to walk into court and simply file a suit against a government. In most cases, you have to notify the government that you plan to file a suit. If you do not properly file this notification, you may not be able to sue the government at all - some courts will throw out a case that doesn’t have the proper paperwork to go along with it.

Important Points

If you think that a government might be at fault for personal injury claims, it is best to make sure that someone with specific knowledge about this type of case look over your case. It’s also important that you do so right away - keep in mind that you have a time limit! At the Dellutri Law Group, we are more than happy to look at your personal injury case for free. Just call us today to schedule a consultation.