[fusion_builder_container background_color=”no” background_image=”” background_parallax=”none” enable_mobile=”no” parallax_speed=”0.3″ background_repeat=”no-repeat” background_position=”left top” video_url=”” video_aspect_ratio=”16:9″ video_webm=”” video_mp4=”” video_ogv=”” video_preview_image=”” overlay_color=”” overlay_opacity=”0.5″ video_mute=”yes” video_loop=”yes” fade=”no” border_size=”0px” border_color=”” border_style=”” padding_top=”0px” padding_bottom=”0px” padding_left=”0px” padding_right=”0px” hundred_percent=”no” equal_height_columns=”no” hide_on_mobile=”no” menu_anchor=”” class=”” id=””][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][fusion_title size=”1″ content_align=”left” style_type=”underline solid” sep_color=”#a2a4aa” margin_top=”” margin_bottom=”” class=”” id=””]Governmental Personal Injury Claims[/fusion_title][fusion_text]
An injured person or their family members have the right to bring a legal action and recover monetary damages against the Government (Florida and Federal claims) for certain lawsuits, but the area is quite replete with guidelines and limitations; and therefore, requires an experienced governmental personal injury attorney to provide effective representation to do so.
In Florida, the “government” enjoys the concept of “sovereign immunity”. Sovereign immunity is a historically based concept of law and was grounded in allegedly attempting to protect the public as a whole (at the expense of the individual). Section 768.28 of the Florida Statutes waives (and limits) governmental immunity for certain tort or negligence claims; however only to the extent specified in the Act.
The state and its agencies and subdivisions can be liable for monetary damages similar to private companies and individuals, but they benefit from widespread protections by this statute. Essentially, their exposure is limited to $200,000, regardless of the amount of the jury’s verdict. However, a judgment in excess thereof can be presented to the Legislature, in an effort to obtain a special act of the Legislature to pay in excess thereof.
Most cases must be properly “noticed”, within 3 years of its occurrence; with the exception of wrongful death claims, which must be presented within 2 years – and then all must be properly commenced in a court of proper jurisdiction with four years from the date of occurrence.
The Statute restricts attorney fees to 25% percent of any judgment or settlement; as opposed to the customary 33 1/3% and 40% percent of any amount recovered up to the first $1 million dollars as is in most personal injury attorney fee retainer agreements. While this may have been enacted to dissuade more successful attorneys who might refuse to work under these fees, the Schulman Law Group remains committed to pursue governmental negligence cases if we believe that it is in our clients’ best interest to do so!
Many injured persons and their family members are quite surprised to learn the wide breadth of the immunity and what type of governmental functions it covers. For instance, municipal and county hospitals and the healthcare providers therein are generally shielded because of this sovereign immunity statutes; therefore many malpractice cases that occurred in Hospitals like the Memorial Hospital system or Broward General are limited to the amount of damages that can be recovered, without a claims bill.
Some examples of governmental cases include: medical malpractice by, or at a county hospital; and car, truck and bus accidents involving city or county vehicles.
Although many of these provisions make it difficult to recover against the government, and most appear to exist to dissuade successful and busy law firms like ours from taking on such cases, the Schulman Law Group has a long history of succeeding with very difficult personal injury cases against governmental agencies, and recovering well past the monetary limits stated above. The Schulman Law Group has the commitment and skillful experience to successfully recover for our clients against most governmental agencies and will do so if we truly believe it will be in our clients’ best interests to pursue such a case.
For further information please consult with us immediately.
CONTACT US TODAY AT (877)-529-0444 OR CONTACT US ONLINE[/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]