Understanding Sovereign Immunity in Florida Personal Injury Claims

When it comes to personal injury claims involving government entities or employees, understanding sovereign immunity is crucial. Sovereign immunity is a legal doctrine that shields federal or state governments and their departments from being sued and/or places limits on the damages plaintiffs can obtain. Let’s explore how this doctrine applies in Florida and its impact on personal injury cases.

What is Sovereign Immunity?

Historical Origins:

• Sovereign immunity traces back to English common law, where the crown was considered above the people, and subjects couldn’t sue the monarchy or its agents.
• In early American history, the United States also enjoyed immunity from lawsuits without Congressional approval.

Purpose and Rationale:

• Sovereign immunity aims to keep the government democratic, efficient, and effective.
• Without this doctrine, courts might be overwhelmed by civil claims against the government, hindering government functions.

Florida’s Sovereign Immunity Law:

• Florida Statute 768.28 Title XLV allows individuals to bring tort claims against the state government.
• Tort claims arise from property loss, personal injuries, or wrongful deaths caused by state employees’ negligence.

Limitations of Sovereign Immunity in Florida:

Damage Caps:

• The amount of damages recoverable in a case against the state is limited to $200,000 per person and $300,000 per incident
• If a plaintiff seeks more, they must petition the Florida legislature for additional damages.

No Personal Liability for Employees:

• State employees cannot be held personally liable unless such officer, employee, or agent acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.
• Plaintiffs cannot collect punitive damages or pre-judgment interest.

Jury Unaware of Limitations:

• Judges do not explain these limitations to the jury during trials.
• If a jury awards more than the capped amount, only the capped sum can be collected.

Examples of Sovereign Immunity Impact:

• Imagine a pedestrian injured due to a city bus driver’s negligence. The damages awarded by a jury may exceed the cap, but the plaintiff can only collect up to $200,000.
• Similarly, if a state hospital’s negligence results in wrongful death, the damages recovery remains limited by sovereign immunity.

Navigating Sovereign Immunity:

• Seek legal advice promptly if you believe your injury involves the government.
• An experienced attorney can guide you through the complexities of sovereign immunity and help you seek fair compensation.

Remember, understanding sovereign immunity is essential for anyone pursuing a personal injury claim against the government in Florida. Consult with an attorney to protect your rights and navigate this legal landscape. 📜👨‍⚖️

For personalized legal advice or further information, feel free to reach out to our team at Brubaker Injury Law. We’re here to assist you!