The bodies of two Florida teenagers were misidentified after they were killed in a car crash near Pensacola last July. The mistake wasn’t caught until just before a wake, and not until after organs had been taken from the wrong body. Now the families of 15-year-old Samara Cooks and 18-year-old Deleigha Gibson are suing Florida Highway Patrol, the county medical examiner’s office and two funeral homes. According to the families’ lawsuits, Florida Highway Patrol officers incorrectly tagged the victims at the crash site and Escambia County’s former medical examiner did not enforce appropriate policies and procedures. Both families also claim the county medical examiner told them it was against policy to view the bodies. There are no further updates at this time.
Suing the State of Florida is not the same as making a claim against a person or a private corporation. Traditionally, governments have prevented people from suing them, under the doctrine of sovereign immunity. Sovereign immunity is a concept that developed hundreds of years ago in England. Essentially, sovereign immunity kept people from making claims against the king, his representatives, or the government. While this concept transferred over to the U.S., many states in America allow people to sue them for damages under certain circumstances.
When can I sue the government in Florida for an injury?
Claims filed against the state of Florida (including its agencies and subdivisions) are governed by Florida Statute § 768.28, which states that the government in Florida expressly waives immunity from liability for certain torts.
In Florida, a person who is injured by the government or a government employee may file an injury claim if the injury was caused by the negligence or wrongful act or omission of the government, the loss can be compensated with money damages, and the circumstances are such that the negligent party would have been liable as a private party.
Speak With a Miami Car Accident Attorney Today!
If you have been hurt in any type of accident, you are likely in pain, under tremendous stress, and feeling overwhelmed by what is to come. Hiring a car accident attorney is a great first step in getting your life back on track; a skilled car accident attorney can help you recover for your losses so that you can move forward with your life. But even after you have chosen an attorney, you may be worried about what you need to do going forward. It’s possible you’ve never met with an attorney before, and may feel unsure about your legal rights and options. How do you prepare for an initial consultation with an attorney to discuss your personal injury case?
At Suarez & Montero, we understand that many of our clients are apprehensive when they first walk through our doors. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights.
We are available 24/7 to give you a free, no risk case consultation.
