Motor vehicle accidents are traumatic, and the entire process of getting through them can leave a victim in a dilemma. When accidents happen, the individuals involved are often in shock.
It is important to know that filing a claim against a government vehicle is different. You should get acquainted with the necessary steps if you get involved in a car accident with a government vehicle. A clear understanding of the situation is advisable. Arming yourself with the knowledge that you are dealing with the government can help your mental preparation. In this article, we discuss what you should do after a car accident with a government vehicle in Tampa.
Do you know that some state laws practically expunge the government off every compensational responsibility? That law is known as sovereign immunity. Let’s begin.
About the Sovereign Immunity Law
Until the mid-70s, citizens in Florida were barred from suing the state or any of its agencies or subdivisions.
Sovereign immunity suggests that the government can do no wrong and can subsequently bear no loss for any damage caused by its workers or representatives. For example, in many states, those involved in motor vehicle accidents with government vehicles can neither file any claim nor seek compensation for whatever damage the negligence of a government worker might cause. Sovereign immunity differs in states around the United States.
About the Florida Sovereign Immunity Law
Florida Statutes 768.28 provides a partial waiver of Florida’s sovereign immunity. As a result, Florida citizens have been able to recover damages from the state, subject to a few exceptions and limitations.
Sovereign immunity laws vary. In Florida, a person can bring a claim against the government and any general private sector performing governmental duties. The state can be sued for torts and damages caused by negligence or intentional wrongdoing of the state or government as long as certain conditions are met.
In Florida, an accident with a government entity or vehicle is not protected under the law of sovereign immunity. Therefore, anyone involved in an accident with any governmental body or private entity performing specific governmental duties in Florida can file a claim.
Things should be rightly done, and every successful court claim should be rightly filed. Before filing a court claim against the government in Florida, you should take note of some of the things listed below:
Statute of Limitation
A statute of limitation is a legislative act that restricts and puts a restraint and time limit to which legal proceedings may be brought to court in clearly defined terms. It also defines how long you must file a court case from when the accident or incident occurs.
The Florida tort claim acts require that a case from a claimant must be filed within exactly three years from the date of occurrence of the claim. Claims against the government are the only cases given a three-year time limit and expiry
Count your losses. Can your losses and damages be compensated with money?
The government most likely responds more to a claimant’s case if it can be sorted and compensated with money. Damages in cases against Florida’s government are limited to $200,000 per person and $300,000 per incident.
You can only be paid for the excess amount after the case is referred to the legislature for further action.
What to do when you are hit by a government vehicle
There are important and simplified steps to take when you are involved in an accident with a government vehicle. Some guidelines to help you file a court claim if you get in an accident with a government vehicle are stated below;
The statute of limitation for cases against the government is shorter!
The first and most important thing to do after being hit by a government vehicle is to file a case immediately. It is important to know that your case’s complexity solely depends on how important the government entity is.
Write a notice within one year of the vehicle accident claim:
Suppose you were involved in a motor vehicle accident with a government entity in Florida. You have one year to prepare a written notice and three years to file your law claim.
Input and clearly state the government agencies responsible for damages and car accident losses, stating what happened, where it happened, how it happened, and other necessary details of the accident in writing (within three years of the occurrence of your claim); input the necessary details of the government agency that caused your injury, car damage, or loss
Talk to an experienced Tampa Personal Injury Lawyer
An experienced personal injury lawyer can help ease your journey, as the necessary steps are broken down to relieve you from worries.
A personal injury lawyer will professionally present your court claims, give you an edge and shorten the long and hectic process of a court proceeding, especially one filed against the government.
You cannot fight alone, get legal and talk to a legal practitioner today
Were you involved in a car accident or one involving government entities and bodies, and you’re looking for professional and solid assistance.?
Do you seek compensation after car damage or a personal injury resulting from an accident you were involved in?
Contact Coleman Law Group now for legal assistance.
The Coleman Law Group is a team of compassionate personal injury lawyers dedicated to helping accident victims and their families. We understand that being injured in an accident can be a life-altering experience. We are committed to providing our clients with the support they need every step of the way.