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Florida Increases "Sovereign Immunity Cap"

State and local employees such as policemen or meter readers are generally–just like the rest of us–conscientious and careful. Occasionally, though, someone is injured through the negligence of a state employee. This can range from injuring oneself at the State Capitol building to being in an accident with a police vehicle. When that happens, there is a limit to how much the state can be forced to pay out to the injured party or parties, regardless of the cost of the injuries and medical bills. For the last thirty years this number has remained the same, but finally Florida Statute 768.28 addressed this and raised the new cap to $100,000 worth of liability per person involved in the incident, with a maximum total liability of $200,000 per accident instead of the previous limit of $100,000 per person, unless the legislature itself is appealed to and decides that the liability should be increased for that specific case.

We've previously mentioned that it's possible, for certain cases, to take your liability claim to court and to win a judgment without a lawyer. Generally speaking, liability claims against the state are not that kind of case. Knowledge of not just the legal process but also of the specific requirements that have been set down in law over the last thirty years since Florida initially agreed to waive sovereign immunity somewhat in order to encourage government responsibility is required, and knowing where and what to do can be crucial to winning compensation for your injury.

These new damage limits will not go into effect until October 2011, and, while still lower than many experts would prefer they be, it is at least a step in the correct direction for victims of negligence on the part of government employees. If you have been injured in an accident with an emergency services vehicle such as a police car, ambulance, or fire truck, or if you have been injured in some other fashion through a government employee's negligence, please contact us for a free evaluation of your case and your injuries and we will fight to get you the justice you deserve.