South Florida Personal Injury Lawyers Blog
In a recent decision, the Third District Court of Appeal reversed a lower court’s order that denied the City of Miami’s motion to dismiss a lawsuit based on sovereign immunity. The court explained that the plaintiff did not comply with Florida’s sovereign immunity pre-suit notice requirement, leading the court to side with the City. This ruling highlights the importance of following proper procedures when suing a government entity. If you’re in Miami and considering such a lawsuit, hiring a personal injury attorney can be invaluable.
Cases involving negligent government entities are more common than people think. Whether it’s a car accident involving a city vehicle or a slip and fall on government property, these situations frequently arise. Successfully pursuing these claims requires an experienced Miami personal injury lawyer who understands Florida’s sovereign immunity laws. A knowledgeable attorney can help you navigate these complex cases, ensuring all procedural steps are correctly followed and increasing your chances of a favorable outcome.
Florida’s Sovereign Immunity Statute
Florida’s sovereign immunity statute, specifically Section 768.28(6), sets forth the requirements for suing a government entity. This statute is crucial because it dictates how and when a lawsuit can be brought against a governmental body. One of the primary requirements is that the plaintiff must provide pre-suit notice to the agency being sued. This notice must be given in writing, and the nature of the claim and the amount of compensation demanded must be detailed.
Failure to comply with this requirement can result in the dismissal of the lawsuit, as seen in the recent case involving the City of Miami. The statute aims to give governmental entities the opportunity to investigate and possibly settle claims before litigation ensues. This process helps manage public funds and resources more efficiently by addressing potential liabilities early.
Given the specific procedural requirements of Section 768.28(6), having an attorney is a pivotal decision that can increase the likelihood of success. Legal professionals understand the nuances of this statute and can ensure that all pre-suit notice requirements are met. This knowledge is vital for anyone seeking to bring a claim against a government entity in Florida, as even minor errors can lead to the dismissal of a case.
The Importance of Legal Help in Sovereign Immunity Cases
Sovereign immunity cases present unique challenges. The recent appellate decision underscores the importance of adhering to procedural rules. In these situations, an experienced attorney can guide you through the process, ensuring every step is taken to safeguard your claim.
Attorneys can also provide insight into whether your claim falls within the exceptions to sovereign immunity. In Florida, specific actions and omissions by government entities may still incur liability despite sovereign immunity protections. A knowledgeable lawyer can identify these exceptions and help you build a compelling case.
When dealing with sovereign immunity cases, an attorney can assist with the following:
- Ensuring compliance with pre-suit notice requirements
- Identifying any exceptions to sovereign immunity
- Gathering and presenting necessary evidence
- Advising on the best legal strategies for your case
If you are considering legal action against a government entity, do not underestimate the importance of professional legal assistance. An experienced attorney can tackle the challenges of sovereign immunity laws and significantly boost your chances of success. The recent case involving the City of Miami serves as a reminder of the critical role attorneys play in navigating these situations.
Discuss Your Case with Personal Injury Lawyer in Miami
If you were injured as a result of a another’s negligence, Friedman Rodman Frank & Estrada can help. We have decades of experience representing accident victims in all types of personal injury, auto accident, premises liability and work injury cases. To learn more, and to schedule a free consultation today, call 877-448-8585. You can also connect with us through our secure online contact form.