Many of our client’s are surprise to learn that anyone injured by the negligent actions of any employee of the State of Florida, any of its political subdivisions, including those employees of a County or City, is limited, regardless of how seriously they are injured, to a maximum recovery of $100,000.00. This limitation or cap, which applies to car accidents, slip and falls, and even medical malpractice occurring at a County run hospital, is known as sovereign immunity.
The Florida Legislature passed this law, known as Florida Statute section 768.28, to shield governments from paying for all of the damages caused by their employee’s negligence, while allegedly giving accident victims a source of recovery. Unfortunately, for Florida accident victims, especially those who are catastrophically injured, the $100,000.00 cap is woefully inadequate.
Only in the rarest of circumstances does the Florida Legislature entertain, much less pass, a “Claims Bill,” which may provide an accident victim with a greater recovery, only if the Legislature and the Governor enact a specific law to help a specifically injured person. Even when the governmental entity, which caused the catastrophic injury, wants to pay the accident victim more than the $100,000.00 cap, the victim must go through the difficult process of pursing a Claims Bill.
If you or a loved one is in need of legal assistance, call the TRIPP LAW FIRM (888) 392-LAWS (5297). The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.