Fort Lauderdale Injury Lawyer Blog

Florida's sovereign immunity law caps payment on negligence claims against the State of Florida and other governmental entities at $100,000 per person and $200,000.00 per claim, if there is more than one person suffering damages. Unfortunately in the most tragic cases, the damages to the injured person or their families far exceeds this amount. It is not uncommon to see jury verdicts against the State of Florida or cities like Fort Lauderdale or Hollywood, for damages in excess of seven figures, particularly where there is the wrongful death of a parent or child or some poor soul is confined to a wheel chair for the rest of their lives as the result of the negligence of a state or governmental worker. In these types of cases, the economic damages alone such as medical bills, can run into the millions of dollars.

Where the circumstances surrounding these cases is particularly tragic and the verdict greatly exceeds the cap, the victim or their family may attempt to seek additional compensation through a claims bill. A claims bill is sponsored by a legislator and presented to the Florida legislature for approval and determination of the additional amount to be paid.

Historically, the Republicans in the Florida legislature have often disapproved claims bills due to a reluctance to compensate accident victims from state or city funds, even though the damages were a result of negligence by a state or governmental employee.

In this time of economic uncertainly, however, Republicans can justify non-payment of claims bills by citing to the short fall of public funding available. House Speaker Larry Cretul last month issued a memo indicating he would be using strict criteria to determine whether a claims bill would be heard in the chamber: the bills must involve local governments in good financial standing and request no more than $500,000 from the state for the victims. This arbitrary cap, regardless of how much in medical bills or damages have been incurred, directly effects those accident victims most seriously damaged.

Given the current climate, only 5 claims bills out of 30 have a chance to be approved. In light of the state's budgetary circumstances, there may be claims that have or will be filed that cannot possibly be funded this year,'' Cretul wrote.

While, not every person who seeks a claims bill from the Florida Legislature can recover, this process should not be used as a political football by the politicians in Tallahassee at the expense of those persons and families who are in the greatest need as a result of governmental negligence. The Florida legislaure should find a way to fairly evaluate these claims bills and to reimburse these victims promptly and fairly.

Continue reading "Florida Legislature limits compensation to accident victims" »

Another dangerous intersection in Broward County was the scene of a car accident on August 12, 2009, injuring eight people. One infant was thrown from a car, while seven others were injured in a collision between a car and a pickup truck at the Oakland Park intersection of North Andrews Avenue and 56th Street, which is known for an overabundance of accidents.

Two women and four children were riding in a car when it collided with a large sized pickup at North Andrews Avenue and 56th Street in Fort Lauderdale. The impact was so bad that it was necessary for the Oakland Park Fire Rescue to use the Jaws of Life to remove the car's driver and one of the children. The man driving the pickup and his passenger were treated for minor injuries.

All eight people involved were taken to Broward General Medical Center in Fort Lauderdale, where the car's driver, an infant and a small child were listed in serious to critical condition. The other passengers in the car, an adult female and two other children received minor injuries and were treated at a local hospital.

The intersection was closed for two hours after the crash as investigators processed the scene. ``It would be speculative to say what vehicle was going which way or who might be at fault,'' a BSO spokesmen said. ``That will be determined after a thorough investigation.''

A man living in the neighborhood who heard the collision from his house on 56th Street just east of Andrews Avenue, stated: ``It's a very dangerous intersection. . . . I've lived in that neighborhood my whole life, and it's just consistently gotten worse. People just come flying over that bridge and they run through the light.'' The man states that he has heard at least five serious accidents at that intersection just this year. ``I hear squealing tire brakes from my house all the time."

Unfortunately, South Florida is chock full of dangerous intersections, with the intersection at Pines Boulevard and Flamingo Road in Pembroke Pines being one of the most dangerous. The Florida Department of Transportation is the government agency responsible for monitoring these intersections and implementing safety precautions. Given the current financial condition of Florida's state government and the ever increasing number of motorists, it appears that the number of dangerous intersections in South Florida will continue to rise.

Continue reading "Fort Lauderdale, Florida -- another dangerous intersectional crash injures 8" »