Sovereign Immunity & Its Influence on How Your Tampa Auto Accident Lawyer Handles Your Case

In its most basic sense, the philosophy of sovereign immunity laws say that, in civil or criminal court, a citizen cannot sue the government nor hold the “sovereign” (government) liable for wrongdoing. Also known as governmental immunity, sovereign immunity is based on the concept that government agencies and employees should not be held responsible for the damages they cause while doing the people's business.

According to some government experts, the purpose behind sovereign immunity is to protect taxpayer money from being paid out to lawsuit judgments. There are at least a couple counter-arguments to this reasoning. First, some government agencies carry insurance to cover lawsuits. Second, it generally does not seem fair that governments and government employees are able to avoid the consequences of negligent or unjust actions, simply because they work for the government.

Examples of government negligence cases in Tampa Bay personal injury cases might be:

• A police officer is in a high-speed chase and accidentally hits an innocent person's vehicle
• A driver is injured or killed while driving on faulty roads
• A person is injured on government property

Some questions that may arise in a sovereign immunity case are: what if a person or family suffers serious injury or wrongful death because of government negligence and cannot recover any damages? Or can only recover limited damages? What if an injury victim must pay a fortune in medical bills out of his or her own pocket? What if an injury victim loses a year's worth of wages while recovering, or is disabled and cannot return to work at all?

In the Tampa Bay area, it is possible to hold government entities and employees liable for their negligence within the sovereign immunity limits set forth by law. Current Florida law says that sovereign immunity limits are to be set at $100,000 per person and $200,000 per event. This amount, however, may fall far short of paying for one person's injuries, let alone injuries suffered by multiple people during the same event.

For amounts over the $100,000/$200,000 limit, you and your Tampa auto accident lawyer may be able to pursue a claim with the state legislature, but this procedure takes time and often is not successful.

Tampa Bay area accident victims and their families who are confronted with sovereign immunity issues are advised to contact a Tampa personal injury attorney as soon as possible. Government agencies have specific procedures and deadlines for filing claims, which makes an attorney's help all the more valuable.

Please contact Tampa personal injury attorney Dale Appell, P.A. for a free assessment of your case. We are experienced in sovereign immunity issues and will give you a straightforward opinion of your options.