Man Receives $32.8 Million Verdict After Car Accident by State Employee: What You Need to Know
Imagine being struck by a vehicle driven by a state employee, your life irrevocably altered due to their negligence. While no amount of money can truly compensate for such a life-altering event, a recent case highlights the potential for significant financial recovery. A man recently received a staggering $32.8 million verdict after a car accident caused by a state employee. This landmark case underscores the complexities and potential for substantial compensation when negligence by a government employee leads to severe injuries.
Understanding the Basics of Car Accident Claims
Car accidents are unfortunately common, with the average settlement amount for a car accident being approximately $37,248.62 based on data from over 4,500 cases since 2021. However, this number can vary widely depending on the severity of the injuries, the extent of the damages, and the circumstances of the accident. When a car accident results in serious injuries, victims may be entitled to compensation for:
- Medical Expenses: This includes past and future medical bills, surgeries, medications, physical therapy, and ongoing treatment costs. The average amount of medical expenses following a car accident can be as high as $57,000 if hospitalization is required.
- Lost Wages: Compensation for missed work due to injury and recovery, as well as loss of future earning capacity if injuries prevent a return to work or limit career prospects.
- Property Damage: Repair or replacement costs for the vehicle and any personal belongings damaged in the accident. According to Forbes, the average amount for property damage claims after a car accident reached $4,711 in 2020.
- Pain and Suffering: Compensation for physical pain, emotional distress, mental anguish, and loss of enjoyment of life.
- Other Damages: This can include compensation for PTSD, disfigurement, and other long-term effects of the accident.
Suing a Government Entity: Overcoming Sovereign Immunity
While the prospect of receiving a substantial settlement is encouraging, pursuing a claim against a government entity or employee presents unique challenges. A key legal hurdle is the doctrine of sovereign immunity, which protects government entities from being sued without their consent. This doctrine, rooted in old English law, traditionally shields the government from liability, based on the idea that “the king can do no wrong”. However, in modern times, both the federal government and many states have created exceptions to government immunity that allow them to be sued for personal injury accidents caused by a government employee, for accidents involving government-owned vehicles, and for accidents caused by dangerous highway conditions.
Federal Tort Claims Act (FTCA)
The Federal Tort Claims Act (FTCA) is a federal law that allows private individuals to file a claim or lawsuit against the United States government for certain wrongful acts, including those caused by employee negligence, like a car accident. The FTCA applies only if an employee working for a federal agency causes an accident, and the employee must have been working within the scope of their employment when the accident happened.
State Tort Claims Acts
Many states have their own versions of the FTCA, which waive sovereign immunity in certain circumstances. For example, the Missouri Torts Claims Act provides an important exception: when ordinary people are injured in automobile accidents involving government-owned or operated vehicles, they may still file a lawsuit to recover damages.
Important Considerations When Suing a Government Entity
- Notice Requirements: Most jurisdictions have notice provisions that require a car accident victim to supply the governmental entity with notice if they plan to file a personal injury claim or lawsuit against the entity. In some instances, depending on the jurisdiction where the accident occurred, the accident victim may need to file their notice within as little as a few months of the accident.
- Statute of Limitations: Claims against the government are subject to a markedly shorter statute of limitations. In general, any lawsuit filed against the State of Missouri must be initiated within 90 days of the accident.
- Damage Caps: Some states place a “cap” on government entities’ liability for damages. For example, Louisiana law limits the amount you can recover from the state to $500,000 per person for personal injury or wrongful death claims.
- Scope of Employment: The government will be held liable only if the employee who caused the car accident acted within the scope of their employment when the accident occurred.
Factors Influencing Settlement Amounts
Several factors can influence the settlement amount in a car accident case involving a state employee:
- Severity of Injuries: More severe injuries, such as traumatic brain injuries, spinal cord injuries, and fractures, typically result in higher settlement amounts.
- Medical Expenses: The total cost of medical treatment, including past and future expenses, is a significant factor in determining the value of a claim.
- Lost Wages: The amount of lost income due to the accident, both past and future, can significantly impact the settlement amount.
- Pain and Suffering: The level of pain, emotional distress, and mental anguish experienced by the victim is also considered.
- Liability: The degree of fault assigned to the state employee is a crucial factor. If the employee was clearly negligent, the settlement amount is likely to be higher.
- Insurance Coverage: The amount of insurance coverage available can also affect the settlement amount.
Seeking Legal Assistance
Navigating the complexities of a car accident claim against a state employee can be daunting. It is crucial to consult with an experienced personal injury attorney who can:
- Investigate the accident: Gather evidence to determine liability and assess the extent of damages.
- Navigate the legal process: File the necessary paperwork, meet deadlines, and negotiate with the government entity or its insurance company.
- Protect your rights: Ensure that you receive fair compensation for your injuries and losses.
- Represent you in court: If a settlement cannot be reached, an attorney can represent you in court and advocate for your best interests.
Conclusion
The $32.8 million verdict serves as a reminder that victims of car accidents caused by negligent state employees can receive substantial compensation. While pursuing such a claim can be challenging due to sovereign immunity and other legal hurdles, it is possible to obtain justice and financial security with the help of a skilled attorney. If you or a loved one has been injured in a car accident involving a state employee, seeking legal assistance is essential to protect your rights and maximize your chances of a successful outcome.