The rules of law are different when an injured party makes a claim for injuries against state, federal or local governments as opposed to an individual. Because historically a person was not allowed to sue the sovereign, the Federal Code or State Statutes determine all rights granted to citizens to make a claim.
It is wise to talk to an attorney regarding claims for serious personal injuries against government entities. Claims against the federal government are subject to a law called the Federal Tort Claims Act. These suits must be brought in Federal Court and tried before a Federal Judge. There are notice requirements that have to be complied with.
Cases in Florida against state and local governments are subject to Florida Statute § 768.28, which is the "Sovereign Immunity" law. The State limits recovery to $100,000.00 per person and $200,000.00 per accident. Additionally, liability cannot include punitive damages or interest for the period before judgment. However, cases significantly in excess of those sums may be submitted to the legislature for a claims bill or can be paid if the State or local governmental entity has additional insurance.
There are special limitations regarding time limits for the claims against federal, state and local governments and it is wise to promptly consult an attorney regarding these claims. The attorney can provide claim and/or notice letters to the appropriate government agencies consistent with the numerous specific requirements contained within the laws. Fine, Farkash & Parlapiano, PA have handled numerous sovereign immunity cases. Call us for a free consultation.
