The term “sovereign immunity” sounds like something that might be uttered during a conversation between a high-ranking government official and a foreign leader. But in reality, sovereign immunity is a legal doctrine that could impact your personal injury claim.
Let’s take a closer look at sovereign immunity and how it may impact your lawsuit.
Sovereign immunity is a legal doctrine that prevents a state government from being sued without its consent.
Under the doctrine of sovereign immunity, the “state government” includes local governments, municipalities, political subdivisions, and their employees.
For example, if a state employee causes a car accident while on the job, the doctrine of sovereign immunity could prevent any injured parties from suing the state employee.
The idea behind sovereign immunity is that governments wouldn’t be able to function if they faced potential liability for all the actions of their employees. Of course, critics of sovereign immunity argue that the doctrine prevents injured people from recovering damages.
Today, sovereign immunity has been scaled back considerably and only applies in a handful of situations.
Some states have abolished sovereign immunity altogether. Other states have limited sovereign immunity so that it only applies in certain narrow situations.
Let’s take Florida as an example:
Though the doctrine of sovereign immunity varies from state-to-state, there are a couple of situations where most states apply the doctrine of sovereign immunity:
In premises liability cases, many states provide government immunity or limit liability for defects. To do this, some states lower the standard of care owed to people on government property. Other states create different standards of care depending on the type of defect.
It’s rarely easy to determine whether or not sovereign immunity applies to a particular situation.
What’s more, even if sovereign immunity doesn’t apply and you can sue, there are certain hoops that you must jump through when suing the government. For example, most states require that you submit a notice before filing a lawsuit. The failure to do so could prevent you from recovering any damages.
In addition, the statute of limitations is often shorter when suing the government compared to suing another citizen or company.
To put it simply, if you’re thinking about suing the government, it’s highly recommended that you meet with an experienced attorney. If you’re having trouble locating an attorney, use our free online directory.