Two Questions that Need to be Answered

The parents of the children who were shot, injured, or killed in the attack have brought a lawsuit against the school district under the premise of negligent security. The insurance company that is representing the school district is claiming that not only should the damages be capped at $300,000 but that the court should treat the attack as one event with multiple victims. In other words, all of the victims—both the children and their families—would only be awarded a lump sum of $300,000 to split amongst themselves.

Sovereign Immunity Does Apply to Public Schools

In the case of the Parkland shooting, the state is able to protect the school from personal injury claims including wrongful death claims. But they can only limit the damages and force the process to unfold in accord with strict guidelines. In this case, the parents of the victims and those who are still living would have cause to sue the school for wrongful death or other injuries. Even those who were not shot by Nicholas Cruz have cause to make a claim in an injury lawsuit. They likely have post-traumatic stress from having lived through a deadly shooting.

The question then arises: should the government be able to protect itself and agencies that work on behalf of it in this manner? A similar case like this in which the verdict was outrageously unfair spurred the court battle that eventually overturned damage caps in Florida. Can the case brought on behalf of the Parkland shooters do the same?

How Unjust Laws are Overturned

Many unjust laws are fought in the courts. This was true of the laws that placed damage caps on medical malpractice lawsuits. In cases where a patient was left with catastrophic life-altering injuries, juries were unable to award these patients sums that seemed to fit with the degree of harm they suffered at their doctor’s hands.

In fact, that became the very basis for overturning the law. The Florida Supreme Court ruled that damage caps violated every Floridian’s right to equal protection under the law. If any case shows how sheltering culpable parties from liability with a sovereign immunity clause is unfair and unequally protects its citizens, it’s limiting the entire sum of damages to the victims of the Parkland shooting to a mere $300,000.

Talk to a Miami Personal Injury Attorney

Alan Goldfarb has represented thousands of injured parties and recovered millions in damages for his clients in Miami. If you’ve been injured, we can help. Give us a call or contact us online to set up and appointment.

Resources:

www.sun-sentinel.com/local/broward/parkland/florida-school-shooting/fl-ne-school-board-liability-motion-20180928-story.html

www.law360.com/articles/1079830/south-florida-fair-has-immunity-against-man-s-injury-suit

www.miamiherald.com/news/local/community/miami-dade/article215944745.html

Civil Versus Criminal Law

When the person who was acting negligently and caused the injury or death is eventually (hopefully) apprehended, they may face both civil and criminal penalties. Criminal offenses are essentially actions for which you can go to jail. A criminal action is brought by prosecutors from the relevant government jurisdiction against the person who committed the wrongful action. Though there may be fines involved, these are paid to the state and not the individual victims. Depending on the case, the result will often be a trial in front of a judge or jury who will decide the crime and relevant punishment.

Civil penalties, on the other hand, are almost always monetary in nature. A civil action is between two private parties; in the instance of a wrongful death or catastrophic injury suit, the injured party or the estate representative of a deceased individual would bring suit against the person allegedly at fault for the death or injury. While these cases may go to trial like a criminal case, the judge or jury will decide whether the at-fault party is liable and how much money they should be required to pay the harmed party in monetary damages.

An Example Close to Home

Just recently, an intoxicated driver struck and critically injured a 17-year-old Miami youth. The driver unlawfully fled the scene, a felony in Florida, but investigators were able to apprehend him after finding video footage following the accident. According to a bill proposed in early 2014, hit and run accidents are a severe concern in the greater Miami area; so much so that state officials wish to require a mandatory minimum sentence of four years for knowingly fleeing the scene of the accident in addition to a three-year license suspension. The driver in this tragic case is currently in custody and will likely be facing criminal hit-and-run charges.

Though there is no indication civil charges have or will be filed, this is one example of a case that could have both criminal and civil components. The family members of the injured youth could bring a catastrophic injury claim if the child remained alive. However, it is believed they will soon remove the child from life support, allowing for a wrongful death case. If the family brought a lawsuit against the driver, they could potentially recover for medical expenses, funeral expenses, loss of future earnings, loss of consortium (love, companionship, and care), and their own mental anguish from having to watch their loved one go through this terrible event. The idea of damages is to compensate those that are still living and/or responsible for the care of the injured party.

Miami Catastrophic Injury & Wrongful Death Attorneys

We understand how emotional and traumatic it is to lose a loved one or watch them suffer catastrophic injury. That is why our experienced South Florida catastrophic injury and wrongful death lawyers at Alan Goldfarb P.A. are so well-respected in the Miami area. We will take the time to advise you of your legal options and how you can move forward from this difficult time. We will work with you to ensure you receive the compensation you are entitled to and will help you navigate the legal system and explain things in a way that makes sense. Please do not hesitate to contact our Miami-based office today.