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Homestead Rear End Accident – City at Fault and Pays $68,000.00

rear_end_collisionHOMESTEAD – An on-duty Homestead police detective rear-ended a Chevy Malibu back in November of 2011. The cop was driving a Chevy Silverado truck which hit the Malibu from behind. The Malibu then hit another car in what became a three car accident. 

Aparrently one person went to the hospital from the scene. And the injuries complained of in the accident consisted of neck pain. The Homestead City Council voted to accept the resolution of the case on Wednesday, December 19, 2012.

Lawsuits against City Government are governed by Florida Statute. Government has “sovereign immunity” that can be waived only by the legislature and in the manner set forth by the Legislature.  The Florida Legislature waived such immunity with limits to recovery, specific notice requirements, and service requirements. Florida Law requires notice to the governmental entity within three years of the acident and two years for a wrongful death case And, no lawsuit can be filed until six months after notice is given. A lawsuit must be filed within 4 years from the accident if it is a personal injury negligence case. And, the current limits on recovery against a City or other governmental entity are $200,000.00 per person and $300,000.00 per accident.

And, the notice that is sent must be specific and sent to the correct party. And, if a lawsuit is filed it needs to be served on the right entity. There are other requirements to bringing a lawsuit against a governmental entity like a City, County, or School Board. In the end, lawsuits against governmental entities need to be presented in a specific manner. You can see the statute with the particularities if you click on the following link: http://www.flsenate.gov/Laws/Statutes/2012/768.28