Municipality-owned and operated emergency vehicles in Florida could be protected from being sued for damages through a process called sovereign immunity. While it may not eliminate the ability to seek financial compensation, it can make the process difficult. This is not a process you need to navigate alone.
If you or a loved one was injured in this type of accident, a car accident lawyer in Florida can help you get compensation. Their familiarity with injury claims means they know how to handle car accidents involving emergency vehicles. Many will review your car accident claim at no cost. An initial consultation can clarify your rights and the legal responsibilities of the at-fault party.
What You Need to Know About Sovereign Immunity and its Impact on Your Claim
Sovereign immunity is a legal principle that prevents government and municipal agencies from being sued without their permission. According to Florida Statute § 768.28:
- You can recover a limited amount of damages (even from a judge or jury)
- State employees cannot be sued unless their negligence was intentional
- You cannot seek compensation for punitive damages in any amount
While it is possible to seek damages in accidents with emergency vehicles, it is also a complicated process. An experienced personal injury lawyer can help you prove the negligence that caused your accident and seek financial recovery with a strong evidence collection.
The Benefits of Having Legal Representation for a Sovereign Immunity Claim
Any car accident claim can be complicated and stressful when you handle it on your own. While you are not obligated to have a lawyer, there are many ways one can benefit your car crash with emergency vehicles claim.
A Florida personal injury lawyer can assist you by handling the following on your behalf:
- Describe the notification and filing deadlines
- Assess and document your potential damages
- Build the strongest possible case file
- Investigate the initial emergency call
- Speak to all relevant parties on your behalf
- Negotiate for the best available settlement
Having a lawyer by your side can bring you peace of mind in knowing your claim meets all required legal parameters. They can also keep you updated as your case—especially during its negotiation phase—moves forward.
What it Costs to Hire a Lawyer for a Car Accident Involving an Emergency Vehicle
Personal injury law firms often work on a contingency fee basis, meaning they will accept your claim without requesting a retainer or charging hourly attorney fees. They will cover all the costs of preparing your claim for compensation against the government. You will only pay them if they recover damages for you, and you owe no fees if there is no financial recovery.
Establishing the Emergency Vehicle Driver’s Negligence in an Accident
To recover damages for a car versus emergency vehicle accident, you need to establish the negligence that led to the crash. The elements of negligence that entitle you to compensation include:
- Duty of care: The relationship between parties that obligates them to proceed with caution. This includes the non-personal relationship between drivers sharing a road and their obligation to drive as safely as possible.
- Breach of duty: The action taken by the emergency vehicle that breached their legal duty to the other involved driver.
- Causation: The emergency vehicle’s action was foreseeable, preventable, and the direct cause of your accident and subsequent severe injuries. A strong evidence collection can prove there was proximate cause.
- Damages: The economic and non-economic costs of your accident and injuries, including medical expenses, lost wages, pain and suffering, and more.
Proving these elements is crucial in claims involving an emergency vehicle crash. The best way to prove them is with a solid collection of evidence.
Collect Evidence to Prove the Emergency Vehicles Accident Fault and Liability
Emergency vehicles have some rights that can make proving negligence in an injury complicated. They have some leeway—they can go through a red light—but must do so cautiously and only after slowing down to gauge traffic.
Your evidence collection can prove their actions exceeded their sovereign immunity, and can include:
- Official reports: Police, fire, ambulance, and other records
- Inspections: Vehicle, driver, training, and licensing reports
- Photos and video: Accident scene, injury, points of impact, vehicle damage
- Witness statements: Bystanders, eyewitnesses, relevant experts
The sooner you get a lawyer to represent you, the better. Early intervention allows your legal team more time to investigate the emergency vehicle’s actions, the emergency driver’s conduct, and to preserve valuable evidence.
Compensation for Victims of Accidents with Emergency Responder Vehicles
The negligent person or entity responsible for your accident can be held financially accountable for your compensation. Compensatory damages for car accident victims can include:
- Current and ongoing medical bills
- Current and future loss of income
- Loss of future earning potential
- Property damage or destruction
- Diminished property value
- Disability and disfigurement
- Physical pain and suffering
- Mental and emotional anguish
- Loss of enjoyment of life
You could recover wrongful death damages if you lost a loved one in a fatal crash. A Florida wrongful death attorney can help you understand your family’s rights.
Car Accident Lawsuit Filing Deadlines in Florida
You generally have two years to file a personal injury or wrongful death lawsuit in Florida, according to Florida Statutes § 95.11. You could also have as little as six months from the date of the accident to present your claim in writing against a municipality, according to Florida Statutes § 768.28(6)(a)(1).
Understanding and meeting the statute of limitations can be challenging without legal assistance. The lawyer handling your claim can interpret and meet the filing deadline for you.
Discuss Your Emergency Vehicle Accident Claim with Our Law Firm Today
If you or a loved one was injured in a collision with an emergency vehicle, you could be entitled to compensation. Recovering compensation for damages in these cases can be complicated. At the Law Offices of Wolf & Pravato, we know how to handle car accidents involving emergency vehicles.
Find out how hard we will fight for your financial recovery. Contact our consultation team to get started with a free claim review today.
