South Florida Personal Injury Lawyers Blog
Generally, Florida personal injury lawsuits follow a clear pattern; however, cases involving governmental entities present additional challenges and burdens. Pursuing lawsuits and collecting damages after an accident with a governmental entity or vehicle requires a comprehensive understanding of complex negligence laws. Unlike other states, but for three primary exceptions, Florida permits individuals to pursue negligence actions against governmental entities.
A government employee may be held liable for damages or injuries under certain circumstances in Florida. These situations typically involve cases where the injury stems from a negligent act, omission, or wrongful act of the government employee, there are compensable damages, and the law would hold the responsible party negligent even if they were not a government worker.
Those who have suffered injuries in an accident with a Florida government vehicle should seek legal representation as soon as possible. While the law permits accident lawsuits against Florida police officers, these cases are very fact-specific. For instance, a recent Florida appeals court issued an opinion involving a lawsuit against a police vehicle. In that case, an off-duty police officer rear-ended another vehicle. The vehicle owners filed a complaint against the City of Miami (City) for their damages and losses. However, the City argued that they were entitled to sovereign immunity because the office was off-duty at the time of the incident. The trial court found in favor of the City.
Although Florida permits claims against police officers, each jurisdiction maintains its own rules and scope of protection. For example, the law might protect a police officer who causes an accident during apprehension or pursuit in some areas. Some victims may consider suing an individual versus a governmental entity; however, this may not result in appropriate damages. Lawyers can help victims identify all liable parties and determine the best way to achieve their desired outcome.
In addition to identifying potential defendants, Florida attorneys can ensure that victims meet the state’s stringent notice and filing deadlines. Typically, claims against the government must be filed within three years of the date giving rise to the claim. However, the law prohibits claimants from filing the claim until after an investigation period that may last up to 180 days. Moreover, an attorney can ensure that the notice encompasses all necessary evidentiary requirements.
Have You Suffered Injuries in a Florida Accident with a Government Employee
If you or someone you know has suffered serious injuries or property damage in a Florida car accident, contact Friedman Rodman Frank & Estrada for help with your claim. Our team’s South Florida injury attorneys have a long history of securing favorable outcomes for accident victims and their loved ones. Our firm handles Florida accidents involving boats, cruise ship passengers, construction injuries, defective products, medical malpractice, motor vehicle accidents, bad faith insurnace claims, premises liability, and wrongful death. We have recovered significant damages, including payments for medical expenses, pain and suffering, property damages, and burial and funeral expenses. Contact our office at 877-448-8585 to schedule a free initial consultation with an experienced lawyer on our team.