Sovereign Immunity
The term "sovereign" historically referred to a monarch, such as a king or queen. Sovereign immunity is an old English principle that dates back to the days when kings and queens ruled England. The principle holds that the monarchy is immune from criminal or civil prosecution. Stated simply it means you can't sue the king.
In modern times, the term "sovereign" refers to an entity that is self governing and independent. The United States of America is a sovereign nation and the State of Florida is a sovereign state. An "immunity" is a freedom from suit. Thus, the doctrine of sovereign immunity prevents the government from being sued for the actions of its officers or agents.
Governments can "waive" or give up their right to sovereign immunity if they so choose. In Florida, the state has waived sovereign immunity to allow an injured individual to recover up to $100,000 for himself, and potentially another $100,000 for any dependents. Any amount above this must be sought through a "claims bill" - a special law that can be pursued for an individual to allow for recovery in excess of the cap. A claims bill is literally a law, complete with lobbyists, sponsors, committee votes, House and Senate passage, and eventually the Governor's signature.
If a personal injury suit involves a claim against a federal, state, or local government, or their employee, then strict guidelines must be followed prior to filing a lawsuit. First and foremost, the injured person may be required to file a "notice of claim" within as few as 60 days after the injury. Most governments have enacted laws for filing an injury claim against them. Failure to follow these rules (including giving the government prompt notice of the injury claim), will result in the loss of the right to receive any compensation for injuries caused by the government.
The Notice of Claim
The purpose the notice of claim is to make the government aware that you suffered an injury. This notice gives the agency or entity a chance to respond to the claim before a lawsuit is filed. The claim will either be accepted (rare) or denied by the government (most common). Once a claim is denied, a lawsuit may be filed in an attempt to hold the government liable for any injuries sustained. Essentially, the notice of claim requirement is a prerequisite to filing a civil lawsuit against the government.
The complexity of bringing a lawsuit against the government make the assistance of an experienced attorney a valuable asset in any accident or injury case in which a government entity may be at fault.
The term "sovereign" historically referred to a monarch, such as a king or queen. Sovereign immunity is an old English principle that dates back to the days when kings and queens ruled England. The principle holds that the monarchy is immune from criminal or civil prosecution. Stated simply it means you can't sue the king.
In modern times, the term "sovereign" refers to an entity that is self governing and independent. The United States of America is a sovereign nation and the State of Florida is a sovereign state. An "immunity" is a freedom from suit. Thus, the doctrine of sovereign immunity prevents the government from being sued for the actions of its officers or agents.
Governments can "waive" or give up their right to sovereign immunity if they so choose. In Florida, the state has waived sovereign immunity to allow an injured individual to recover up to $100,000 for himself, and potentially another $100,000 for any dependents. Any amount above this must be sought through a "claims bill" - a special law that can be pursued for an individual to allow for recovery in excess of the cap. A claims bill is literally a law, complete with lobbyists, sponsors, committee votes, House and Senate passage, and eventually the Governor's signature.
If a personal injury suit involves a claim against a federal, state, or local government, or their employee, then strict guidelines must be followed prior to filing a lawsuit. First and foremost, the injured person may be required to file a "notice of claim" within as few as 60 days after the injury. Most governments have enacted laws for filing an injury claim against them. Failure to follow these rules (including giving the government prompt notice of the injury claim), will result in the loss of the right to receive any compensation for injuries caused by the government.
The Notice of Claim
The purpose the notice of claim is to make the government aware that you suffered an injury. This notice gives the agency or entity a chance to respond to the claim before a lawsuit is filed. The claim will either be accepted (rare) or denied by the government (most common). Once a claim is denied, a lawsuit may be filed in an attempt to hold the government liable for any injuries sustained. Essentially, the notice of claim requirement is a prerequisite to filing a civil lawsuit against the government.
The complexity of bringing a lawsuit against the government make the assistance of an experienced attorney a valuable asset in any accident or injury case in which a government entity may be at fault.