Orlando Injury Lawyer Blog

As all injury lawyers know, Florida's Constitution provides state and local governments with sovereign immunity and caps damages they must pay at $100,000 per person and $200,000 per incident. Any settlement or jury award for more must be approved by the Florida Legislature. Having prosecuted significant injury and medical malpractice claims against government entities, the prospect of seeking recovery for additional sums through a claims bill creates much uncertainty.

For example pending claims bills in Tallahassee which continue to languish include: an $8.5 million jury award for a 19-year-old woman paralyzed as an infant by doctors employed by the state; $800,000 that the state Department of Transportation agreed to pay the family of a woman killed when a ladder flew off a DOT truck and hit her car; $1.25 million to compensate a man imprisoned 24 years for crimes he didn't commit.

According to the Miami Herald, 32 families are seeking a total of $42 million for claims either negotiated with a government or awarded by a jury. In 2005-06, then-Senate President Tom Lee and House Speaker Alan Bense balked at moving the claims bills. They blamed a flawed process and claimants' lobbyists and lawyers. Mr. Lee said that lawyers and lobbyists got too much of the settlements. He wanted to cap their fees at 25 percent of the settlement. Yet nothing was done. The former leaders' attitude has lingered. Claimants don't have much reason to hope this year.

We absolutely support the Miami Herald’s position that if the process is flawed, then it should be fixed so that those entitled to compensation get their due. Victims of government negligence or incompetence whose lives have been shattered by tragic and grievous mistakes deserve timely justice. Unfortunately, from past experience we do not see any quick fix or effective solution coming out of this year’s legislative session. Of course, for all those injured or to become future victims of governmental neglect, we hope we are wrong.