If your child rides a Leon County school bus or you are in an accident with one, you may believe filing a personal injury lawsuit against the district or the bus driver is like any negligence lawsuit. However, legal action is not the same when a government entity, including the school district, is the prospective defendant. A complex factor called sovereign immunity is involved.
Sovereign immunity protects the government from civil lawsuits on the premise that it is not a profit-making entity but is meant to serve the people as cost-effectively as possible. Large damages awards theoretically would come from taxpayers. However, there are exceptions to sovereign immunity after school bus accidents in Tallahassee, and our knowledgeable attorneys could explore them with you.
School Bus Accident Injuries
The city has experienced several school bus accidents in the past few years. Many are minor, but students could suffer injuries each year. These injuries can range from bruises and scrapes to catastrophic brain and spinal cord injuries, broken bones, and emotional and psychological damage.
As a parent, you should not be expected to incur massive medical bills if someone else caused the accident. These accidents are generally caused by the bus driver’s error, but mechanical failure, inclement weather, and other reckless drivers can be responsible. Our attorneys are parents, too, and we are dedicated to helping families like yours and ours after school bus crashes in Tallahassee.
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How Sovereign Immunity Works
Florida Statute § 768.28 provides specific exceptions to sovereign immunity that allow individuals to sue school districts if a school bus driver is found negligent while performing their job.
When a child is hurt in a school bus accident caused by the driver, a lawyer for the family must notify the attorney general of the intent to bring a lawsuit. The attorney general will decide whether sovereign immunity should be waived, and if it is, your lawyer must file a lawsuit against the school district within two years of the accident. Acting quickly is essential because you only have 72 hours after the accident to notify the school district that you are contacting the attorney general.
Damages awards are limited to $200,000 per single claim or $300,000 for multiple claims in the same accident. If damages exceed this amount, the state legislature has the power to review the judgment and take action to pay part of or the entire claim amount. Punitive damages and interest accrued prior to judgment are not available. School bus crashes in Tallahassee are devastating to the entire family, and our experienced attorneys encourage you to heal together while we handle the legal aspects of your case.
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Additional Defendants
Although the school district operates under sovereign immunity, other defendants who may have caused the accident do not, and they could be held responsible in a traditional personal injury trial or through a negotiated insurance settlement. Defendants could include the school bus manufacturer if a design or manufacturing flaw caused the accident, a negligent motorist, or the maintenance company if negligent mechanics caused the Tallahassee school bus accident. If you intend to take legal action against any of these parties, you should rely on a hometown firm featuring lawyers who care about you as our neighbors. You deserve the personal touch and welcoming atmosphere you get when you engage us as the attorneys who could fight for you.
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Let Us Help You Get Results After School Bus Crash Injuries in Tallahassee
When you send your children to school, you assume the bus driver will take every precaution to keep them safe. If a bus driver is responsible for your child’s physical and emotional injuries, let us help get your family compensation.
We are skilled in sovereign immunity cases and in identifying additional defendants who may have caused or contributed to the accident. Because school bus accidents in Tallahassee are complex, call us now to discuss your case.
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