Injury lawsuits against the government in Boca Raton have special requirements

Boca Raton, FL – When someone is hurt by another driver, they can file a civil negligence case against the person or business responsible for compensation. The structure of a lawsuit is similar whether the driver at fault was a recreational driver, commercial driver, or government employee. However, there are some slight differences depending on which type of party is named as a defendant. Lawsuits against the government also have damage caps and certain other filing requirements in order for the victim to be successful. 

Cases involving government employees

Depending on the specific municipality or county where the accident happened, vehicles such as police cars, garbage trucks, code enforcement cars, and vehicles from other departments may be involved. In Florida, the doctrine of sovereign immunity was eliminated, but another set of rules has taken its place. Lawsuits against the government require a finding that all standard elements of negligence can be proven, monetary compensation is an adequate remedy, and a private party would have been liable in the same circumstances. 

In these kinds of lawsuits, the individual employee is almost never attached as a defendant or liable for damages. The agency that the person worked for will end up answering the lawsuit and paying any related damages to the victim. There are some exceptions to this rule, but it is rare that the employee intentionally caused the collision or deviated from their job duties in cases where driving is involved. Lawsuits where the government is the defendant in Florida are also capped at $200,000 worth of damages for the plaintiff. While this may seem like a large amount, it is possible that accidents with large medical costs or permanent injuries can cost much more for treatment over time. Punitive damages for the plaintiff are also very rare, as there needs to be a clear finding by the court of gross negligence by the government agency. If the case settles, settlement agreements do not include punitive damages either. 

Proving negligence when the government is involved

Because the requirements for lawsuits against the government ask for a finding of the standard elements of negligence, these elements do not change. The victim must prove a relevant duty of care on the roads, a breach of that duty, causation, and damages. Evidence such as accident reports, witness testimony, and property damage can all be used as in any other personal injury case. 

Speaking to an attorney at a local accident firm about an incident

Rosenberg Injury Law is an experienced firm that helps people with the accident cases in the Boca Raton area. Potential clients can contact a lawyer licensed in the state of Florida to discuss their concerns. 

Firm contact info:

The Law Offices of Jeffrey A. Rosenberg

5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487

561-508-8800

rosenberginjurylaw.com