Florida Department of Transportation (FDOT) Injuries Lawyer Near You

Can You Sue FDOT?

In short, yes, you can sue the Florida Department of Transportation, but it’s not that simple.

Suing the FDOT is a complicated matter, requiring successful navigation of the confusing claims management system, amidst a massive backlog of FDOT complaints and FDOT injury claims.

And that’s after understanding the rules and procedures for filing a lawsuit against the State of Florida and its agencies, such as the FDOT, in cases of injury, property damage, or death.

Florida Statute, Section 768.28 establishes the guidelines for taking legal action against the State of Florida and its agencies, such as the Florida Department of Transportation (FDOT).

What is Section 768.28 in the Florida Statutes?

Section 768.28(6)(a), Florida Statutes, essentially says that if someone wants to file a lawsuit, they must first inform the Florida Department of Financial Services about their claim within three years of the incident. This notification should include specific details such as the claimant’s date and place of birth, social security number, and information about any penalties they may have faced in civil, criminal, or administrative matters. Additionally, the claimant must disclose whether they owe the government any unpaid debts exceeding $200.00.

Once the claim is filed and the appropriate agency is notified, the claimant must also provide a copy of the complaint to the Florida Department of Financial Services.

How Much Compensation Can You Receive from a FDOT Claim?

The FDOT has a limitation on the amount of damages they are liable for, which is capped at $200,000 per claimant or $300,000 per incident, regardless of the actual damages caused by their negligence.

Furthermore, if a lawyer decides to sue the FDOT, they can only charge or collect 25% of the amount recovered as attorney fees, as opposed to the 40% typically allowed in standard negligence cases.

FDOT lawyers know this, unfortunately residents often do not – and that’s by design.

Is It Possible to Recoup More Than the $200,000 Limit in an FDOT Injury Claim ?

Yes, certain injury cases can be eligible for a process called a Claims Bill.

For cases where injuries and/or damages are severe there is a way, but as with virtually everything in the FDOT claims process, it’s not simple or straightforward.

To pursue a claims bill, claimants need legislators to create a bill seeking compensation beyond the limit of what is called sovereign immunity. This usually happens after a trial and judgment have taken place, and all appeals have been exhausted.

If the FDOT damage claim amount exceeds the $200,000 cap, you can request a claims bill. However, once the bill is filed, it undergoes a review by a special master who re-evaluates the facts and circumstances. There will be hearings, but it’s important to note that most claims bills do not make it past this stage and are not approved by the committee.

Even if a claims bill is approved, the recommended compensation amount by the special master or referee is often lower than the original award. The bill then goes through the legislature (House or Senate, or both), and they may further reduce the recommended amount. Finally, both the House and Senate must pass the exact same bill, and the Governor must sign it for it to become effective. This whole process means that only a few claims bills are passed and signed each year.

How Do I Contact the Florida DOT?

The Florida Department of Transportation (FDOT) has a Customer Service Portal, which allows you to do several things:

• Submit a request
• Report an issue
• Find self-help resources through Frequently Asked Questions

You have different options for making requests, and one of them is using this portal.

To receive a prompt response, it’s helpful to provide your contact information. However, if you prefer to stay anonymous, you must remember and keep track of the request number and security key provided when submitting your request.

You can then check the Customer Service Portal for updates by using the ‘Track Status’ option.

Additional resources and district contacts can be found at FDOT.gov.

How Do I Submit a Claim to the Florida DOT?

The Claims Section handles requests for compensation from individuals who want to recover money from the Florida Department of Transportation (FDOT) due to damage to their property or personal injury.

If you think you have a claim against the FDOT, you can submit your claim electronically using the Claims Management System.
What is the Address for FDOT Damage Claims?

The address to file FDOT damage claims is:

Florida Department of Transportation, Claims Processing
605 Suwannee Street, MS-58
Tallahassee, Florida 32399-0458

Claimants may also email the documents to dotclaims.review@dot.state.fl.us.

The Florida Department of Transportation (Department) uses two types of claim forms to process claims:

1. The first form is a “Statement of Claim for Property Damage” which is used only for claiming property damage.
2. The second form is a “Statement of Claim for Bodily Injury & Property Damage” which is used when claiming bodily injury with or without property damage.

Use only one form. Whichever form is used must be accompanied by a “Lien Disclosure Statement.”

The claim forms must be filled out completely and accompanied by supporting documentation in order to avoid delays in processing. Please include photographs, estimates, receipts, and copies of any other evidence (e.g., police report or emergency report) which may exist.

Upon receipt of the information the claim will be processed and investigated within 90 days. If you have any questions, you can contact the FDOT Office of General Counsel office at (850)414-5357.

Download this form to access all of the necessary forms regarding filing FDOT injury complaints.

The following forms are available from the Department’s Forms Library:

• 225-085-01, Statement of Claim for Property Damage
• 225-085-03, Statement of Claim for Bodily Injury & Property Damage
• 225-085-05, Lien Disclosure Statement
• 500-000-15, Vehicle Crash/Incident Report
• 700-010-64, Engineer’s Maintenance of Traffic Evaluation at Crash Site

Who is Responsible for Road Debris Damage in Florida?

According to Florida law, the driver or vehicle owner who creates dangerous debris situations on state roads where someone gets hurt because of their carelessness, is responsible to pay for the damages.

When this happens, the driver or vehicle owner’s insurance usually pays for the repairs. In some cases, it can be difficult to figure out who is at fault, when this situation arises the people who got hurt by the debris might have to use their own insurance to pay for the repairs. In addition, if bad road repairs or improper upkeep led to the damage, the city or state government might have to take responsibility.

There are times when motor vehicle accidents caused by debris on the road are unavoidable, but victims might still have a right to get paid for the damages they incurred.

No matter the cause of the incident, or the responsible party, the skilled Florida car accident lawyers at Glover Law Firm can help you recover the most money you can from your injury claim.

What Our Clients Say About Our FDOT Injury Claim Lawyers

“Gordon is professional, patient, kind, and knowledgeable. From the first encounter I had with him, he was very kind and attentive. He was responsive throughout the entire process and consistently advocated for me. I would recommend him to anyone in need of legal counsel, as I had a very pleasant experience with him.”

By: April McDonald on Google
Rating: 5/5 ⭐⭐⭐⭐⭐

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