Can I Sue the Federal Government?

 Our Fort Lauderdale personal injury lawyers frequently receives telephone calls from Florida residents about suing the federal government for a personal injury they suffered as a result of a federal government employee’s conduct. Generally, the federal government is immune from lawsuits filed by private citizens. However, under the Federal Tort Claims Act (FTCA), the federal government’s sovereign immunity privilege is waived to a limited extent. Under this act, if a federal government employee commits a negligent or wrongful act against a private citizen, or an omission when under the duty to do so, the injured party may commence a civil lawsuit to recover damages. There are other stipulations that must apply in order to sue the federal government for the negligence of one of its employees.

First, the employee must have been acting within the scope of his or her employment at the time of the incident. Also, it must have not been an intentional act, such as an assault and battery. Unless the intentional wrongdoing, for example-the assault and battery, was committed by a federal law enforcement or investigating officer. Therefore, if you were involved in a Florida automobile accident with a United States Postal Service worker-mailman, and suffered an injury, you should speak with one of our FortLauderdale accident injury attorneys as soon as possible to discuss your potential lawsuit.

One of our Fort Lauderdale motor vehicle accident lawyers can consult with you about the merits of your case and whether or not you have a valid legal claim to pursue under FTCA. Attempting to sue the federal government is often a challenge because there are various exceptions to FTCA and due to operation of law may bar your claim. Besides barring a private citizen’s claim based upon an intentional tort, it is generally recognized that servicemen and servicewomen cannot sue the federal government for injuries they receive incident to service, including some claims for medical malpractice.  Under the Feres doctrine, military personnel are prohibited from suing the federal government for medical injuries; however, there are some exceptions for the spouse or children of a serviceman or servicewoman.

As always, if you or a family member has been injured and believed that an employee of the federal government is responsible for causing your harm, you should contact our office to get the advice from one of our Fort Lauderdale federal tort claims attorneys. If the facts of your particular circumstances warrants further review and it appears to have legal merit to pursue an action against the federal government, our attorneys will work hard on your behalf to get you the compensation that the law entitles you to. Also, these types of actions are very technical and there are specific procedures which must be followed in order to help you prevail in your lawsuit. Among which includes providing timely notice to the agency that employed the person who caused your injury and naming the United States Government as the defendant in your lawsuit. Usually, claims filed under the FTCA must be commenced within 2 years of the incident.

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Florida Increasing Insurance Fraud Cases Prompts Lawmakers To Crack Down

Apparently during this staggering economy, three Floridians assume that they could stage a Florida motor vehicle accident in order to earn some quick cash. In January, Lee County law enforcement officers arrested a trio in a Florida insurance fraud incident. According to ABC news, deputies first responded to a reported accident between an Oldsmobile vehicle and a Nissan SUV at the intersection 5^th Street West and Venice Avenue North in Lee County. Further, according to the Lee County Sheriff’s investigating report, the driver of the Oldsmobile informed deputies that he crashed into the Nissan because he failed to stop at the intersection. But, after a traffic reconstruction investigator found conflicting evidence and an eye witness statement, it was determined that the accident occurred at the intersection of 6^th Street West and Venice Avenue North. Also, the driver of the Nissan admitted that the accident did in fact occurred at the intersection of 6^th Street West and Venice Avenue North, but only after being confronted with the statement of the eye witness. And likely due to the behaviors and the statements of the drivers involved, Lee County law enforcement officers say that this was a case of insurance fraud. Staged accidents are happening more and more in Florida and it is causing Florida citizens to spend more money each year in premiums. Moreover, insurance fraud occurrences similar to this event are compelling the state’s lawmakers to crack down on fraud that leads to increased personal injury protection insurance.

On Monday, Senator Joe Negron, R-Stuart, filed Senate Bill 1860, which if it becomes law, hospitals will become priority standing in PIP claims, will close licensure loopholes for clinics and establish a fee schedule for reimbursements. Senator Negron’s proposal is a measure to address fraud issues that are leading to increasing insurance premiums in some metropolitan neighborhoods in South Florida. According to the Associated Press, Floridians pay an estimated $1 billion annually. Two House members filed similar bills in November.

In the state of Florida, if you are the owner of a registered motor vehicle with four wheels you are required by law to carry PIP insurance coverage. Under PIP insurance policies, also commonly known as no-fault insurance, regardless that is at fault in your automobile accident, you are protected up to the limits of your policy. PIP has a minimum of $10,000 for personal injuries and a minimum of $10,000 for property damage. In addition, our Fort Lauderdale motor vehicle accident attorneys want our clients to know that staging accidents is only one of several cases that are considered fraud. Other situations in which insurance fraud can occur involve filing false reports or boosting the amount of their actual expenses.

 Therefore, do not attempt to file a false claim or inflate the cost of your actual damages. There are serious legal consequences you will encounter if you are caught, including the possibility of going to jail. Also important you should also retain any receipts or records of medical care appointments related to the injuries you suffered in a car accident. These types of documents can help you in proving the actual expenses you have incurred and can be used as evidence to show that you actually received medical treatment. Also, there are many medical clinics out there that have been associated with staging accidents in order to defraud the insurance system by getting people to do their dirty work. They will recruit individuals to stage car accidents in which no injuries occurred and have these people visit their office and file a PIP claim. If you have any questions regarding an insurance claim, you should consult with a FortLauderdale personal injury attorney who is available to help you with filing a claim, answer your questions about the claims process and can discuss with you about the best legal strategy in pursuing your lawsuit.

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Florida Senate Passes Claim Bill to Award Eric Brody $10.75 Million

The state of Florida adopted the common law of England which included the doctrine of sovereign immunity. Under this doctrine, the government or the state could not be sued without its permission. The reasoning of this doctrine originated from medieval England because one could not sue the King, or the authority figure that made the laws on behalf of the sovereign. However, throughout the years, the Florida legislature has waived the state’s immunity by enacting statutory provisions which makes it possible for a government entity to be sued under the Florida Claims Bill.

Essentially, among other things, the claims bill allows a person to bring a lawsuit against the state, but under current law which became effective on October 1, 2011, recovery for damages are limited to $200,000 per person, or $300,000 per incident. In other words, if your Fort Lauderdale personal injury suit was against a government agency or official, such as a law enforcement officer, and the jury awarded you $1.5 million, you are required to contact your state legislator to introduce a claims bill on your behalf in the Legislature to recover the excess of the statutory limit. Unfortunately, this process could take a long time, up to 10 years in some cases.

Recently, the Florida Senate passed a claims bill that would award a Floridian, Eric Brody $10.75 million. In 1998, Brody became permanently injured when a Broward County Sheriff’s deputy, Christopher Thieman, drove at a rate of 75 miles per hour (M.P.H.) in a 45  M.P.H. speeding zone and crashed into Brody’s vehicle. At the time, Brody was a senior in high school with aspirations of attending college and on his way home at the time of the Florida motor vehicle accident. Thieman was on his way to work for a mandatory roll call. In 2005, a jury found that the deputy was negligent and awarded Brody $30.9 million for the severe brain injury he sustained due to the officer’s negligence. Also, Brody was in a coma for approximately six months, today, he depends upon a wheelchair to be mobile, and suffers from mobility and speech disabilities.

Our Fort Lauderdale motor vehicle accident lawyers are delighted that the Senate has made the Brody bill a priority this session. Last year, the bill died in the Senate when time ran out. Also, the Senate awarded $1.35 million to William Dillon for the harm he suffered as a result of spending 27 years in prison for on a wrongful murder conviction.

Moreover, the way the claims bill process operates in Florida  after a legislator has introduced the bill in the Legislature, is that a Senate claims bill is filed. A Special Master and committees made up of volunteer attorneys, known as Senate Special Masters will review the claims bill. It is their duty to determine whether or not the claims bill will have an effect on the state’s fiscal funding or local funding. If it is determine that the claims bill will have an impact on the fiscal funding of the state, the bill is referenced to a Committee on Rules and Calendar. However, in the House of Representatives, all claim bills are reviewed by a Special Master who then references the bill first to the Judiciary Subcommittee on Claims, the Judiciary Committee, and other committees. Following, the Senate and House Special Masters will hold a joint hearing to determine if the traditional elements of a negligence claim have been met; duty, breach, causation and damages. If the negligence elements are met the Special Masters will write a report and recommend to the Legislature whether or not it should pass or reject the claims bill.

If you have been injured as a result of the government’s negligence, you should contact a Fort Lauderdale personal injury attorney soon after an accident to discuss your case, and advice about your  legal options.

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