Navigating the Statutory Cap Limits: Suing the Government for Negligence in Florida

In Florida, as in many other states, suing the government for negligence can be a complex process. This is due to the doctrine of sovereign immunity, which traditionally protects the government from lawsuits. However, the Florida Tort Claims Act allows individuals to sue the government under certain circumstances. One of the key challenges in these cases is the statutory cap on damages, which limits the amount of money that can be awarded to the plaintiff. This article will explore how to potentially receive a judgment amount in excess of these statutory cap limits.

Understanding Sovereign Immunity and the Florida Tort Claims Act

Sovereign immunity is a legal doctrine that protects the government from being sued without its consent. This doctrine is based on the principle that the government needs to function without fear of constant litigation. However, this immunity is not absolute. The Florida Tort Claims Act waives sovereign immunity in certain cases, allowing individuals to sue the government for negligence.

The Act, however, imposes a cap on the amount of damages that can be awarded. As of 2023, the cap is set at $200,000 per person and $300,000 per claim. This means that if you sue the government for negligence, the most you can typically receive is $200,000 regardless of the severity of your injuries.

Exceeding the Statutory Cap Limits

While these caps may seem restrictive, there are ways to potentially receive a judgment amount in excess of these limits. Here’s how:

• Claims Bill: One of the most common ways to exceed the cap is through a claims bill. A claims bill is a piece of legislation that is introduced in the Florida Legislature to award damages in excess of the cap. This process involves convincing a legislator to sponsor your bill and then having it pass both houses of the Florida Legislature. It’s important to note that this process can be lengthy and requires the assistance of an experienced attorney.

For instance, in a Florida case, a legislative claims bill was passed that awarded the family of a deceased victim            $1.5 million, an amount that significantly exceeded the statutory cap. This case involved a tragic school bus                  accident that resulted in the death of a young girl. The family initially received $200,000, the maximum                        amount allowed under Florida’s sovereign immunity laws. However, the family pursued a claims bill in the                    Florida Legislature, which was eventually passed, granting them an additional $1.3 million. Generally,                            egregious cases that would receive extensive news coverage are more likely to successfully have a claims bill                  passed.

• Multiple Defendants: Another way to potentially exceed the cap is if there are multiple defendants involved in the case. The cap applies per defendant, so if there are multiple government entities involved, the cap could potentially be multiplied.
• Insurance: If the government entity involved in your case has an insurance policy that covers the incident, the cap may not apply. The insurance policy could potentially cover damages in excess of the cap.
• Gross Negligence or Intentional Misconduct: In cases where the government’s actions were grossly negligent or intentionally harmful, courts may consider lifting the cap. If the defendant had a specific intent to harm the claimant and the defendant’s conduct did in fact harm the claimant, there is no cap on punitive damages. This means that in cases where the government’s negligence was particularly egregious, it may be possible to receive a judgment amount that significantly exceeds the statutory cap.
• Punitive Damages: Another way to potentially exceed the statutory cap is through punitive damages. According to Florida Statutes Section 768.73, punitive damages may not exceed three times the amount of compensatory damages awarded to each claimant or the sum of $500,000. However, there are exceptions to this rule. If the defendant’s wrongful conduct was motivated solely by unreasonable financial gain and the dangerous nature of the conduct was actually known by the person responsible for making policy decisions on behalf of the defendant, punitive damages may not exceed four times the amount of compensatory damages or the sum of $2 million.

Suing the government for negligence in Florida can be a complex process, but it’s not impossible. With the right legal guidance, you may be able to receive a judgment amount in excess of the statutory cap limits. However, it’s important to remember that each case is unique, and the strategies mentioned above may not apply or be successful in every situation.

Call Jaime “Mr. 786Abogado” Suarez today to Get You Paid!