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When litigators talk about a potential defendant having “sovereign immunity,” they are usually referring to whether the entity can be sued at all or whether there is a limit on the amount of money that can be awarded to the plaintiff.
Determining whether a potential defendant has complete immunity or whether there is a cap on damages is a critical assessment for any client and their attorney to make at the outset of a potential case.
In this blog series, I’ll review the concept of sovereign immunity and how it is applied within the United States, the application of the law in the State of Florida, and what legal steps you can take if you have been injured by a governmental entity.
If you have been injured and believe a government entity may be responsible, it is important to understand your legal options as soon as possible.
An attorney can help determine whether sovereign immunity applies to your claim and whether any limitations or deadlines may affect your case. Osborne, Francis & Pettis represents injured Floridians and offers consultations to help you understand your options. Call (561) 293-2600 or fill out our online form to speak with our team.
The concept of sovereign immunity derives from the traditional English common law doctrine that "the king can do no wrong", and in the United States, this doctrine is used to protect governmental entities.
In the United States, the law applies to State, municipal, or local government agencies and any other taxpayer-funded entities (such as hospitals). Each State governs its own sovereign immunity rules, leading to significant variations. These variations include details like what types of claims can and cannot be filed by injured parties, who is covered under the laws, and if immunity can be waived.
For example, in Indiana, the defense of sovereign immunity does not include vehicular accidents. In Massachusetts, the damages cap is $100,000. In Nebraska, there is no cap.
In my next blog post, I will cover how the State of Florida governs its own sovereign immunity rules.
If you believe you were injured by a government entity in Florida, let us help you find answers. Call Osborne, Francis & Pettis today at (561) 293-2600 or fill out our online form to schedule
We offer personal injury victims a boutique style experience, while still providing the resources and aggressive legal representation of a large firm.
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Osborne Francis & Pettis Welcomes Former Deputy Chief of the Civil Division and Chief of the Civil Rights Unit for the U.S. Attorney’s Office
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Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.
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Hiring a lawyer is the first step towards recovering a better quality of life. At Osborne, Francis & Pettis, we devote our undivided attention to each client, and all communications are held in the strictest privacy. Contact us by filling out the form or calling us directly at (561) 621-1385.
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