When you are involved in an accident with another driver, proving the other driver’s liability is essential for you to obtain any compensation for your injuries. If the other person is driving a government vehicle, there are more challenges that affect your claim.
Filing a claim as soon as possible and contacting a car accident attorney will significantly help your case. The more time your attorney has to gather evidence and help you navigate the legal process, the more likely you can recover fair compensation.
What Is Sovereign Immunity?
In the United States, the federal and state governments protect their departments from being sued for injury claims due to negligence. This doctrine is called sovereign immunity, and it limits average citizens from collecting compensation from government entities, including government vehicles.
In Florida, the Florida Statute 768.28 Title XLV allows citizens to bring forth tort claims against state government vehicles when the employee’s actions result in personal injuries, property loss, and wrongful deaths. However, there are two aspects of this law that can significantly impact your claim:
- Damages recoverable are limited to $200,000 against one government agency or $300,000 against multiple government agencies; and
- The law prevents you from collecting pre-judgment interest or punitive damages.
These limitations can have a major impact on what compensation you are eligible to recover. Talking with an experienced car accident attorney can help you determine the amount of compensation that will cover your damages and how to overcome these legal obstacles.
When Should You Contact a Car Accident Attorney?
It is critical that you file a claim and talk with an attorney as soon as possible. While the Florida statute of limitations for a personal injury claim is four years from the date of the accident, cases that involve government vehicles depend on the district’s set rules. These rules often include a shorter filing period and official notice requirements of three years.
Not only will a car accident attorney be able to guide you through the legal process and offer reliable advice, but they also can:
- Answer questions about your case;
- Conduct a fair and just investigation;
- Gather substantial evidence;
- Establish the other individual’s negligence and liability;
- Negotiate settlement offers;
- Review legal documents;
- Guide you through the medical process;
- Discuss claims with insurance companies; and
- Analyze potential legal issues.
Having an experienced attorney at your side during complicated litigation is vital to the success of your claim. An accident involving a government vehicle is complicated, and there are strict limitations that you may need to discuss with your attorney. With someone you can trust and depend on by your side, you will feel more confident presenting your claim and seeking the compensation you deserve.
Contact an Experienced Florida Car Accident Attorney at Marsalisi Law Today
Our team at Marsalisi Law is proud to offer client-focused legal services. With years of experience advocating on behalf of our clients, we understand how to guide you through your claim.
When you work with Marsalisi Law, our team will provide you with honest advice and reliable information on how the legal process works. We want to make sure that you feel understood and represented in your claim. Fluent in English and Spanish, Frank P. Marsalisi understands how important communication is during legal proceedings. With years of experience working on many cases, he can use his knowledge and motivation to assist you with your case.
Call (727) 800-5052 or complete our contact form for a free consultation.
Marsalisi Law is Where Law Gets Personal!