Parents send their children to school every day, trusting that the ride there and back will be a safe one. Unfortunately, school bus accidents do happen in Florida, and when they do, the resulting injuries can be serious. Many school buses do not have individual seatbelts, which means children are largely unprotected in the event of a car accident involving one of these vehicles.
What makes these cases even more difficult for families is that the legal process for pursuing a claim after a Florida school bus accident is very different from a typical auto accident case. Public school buses are operated by government entities, adding procedural hurdles that can trip up families who try to handle things on their own.
The Sovereign Immunity Problem
Public school districts in Florida are protected by sovereign immunity, which generally shields government entities from lawsuits. However, the Florida Tort Claims Act under Florida Statutes § 768.28 waives that immunity for negligent acts committed by government employees acting within the scope of their jobs. This means you can bring a claim against a school district after a Florida bus accident, but you have to follow a specific set of rules to do it.
Some of the key requirements and limitations include:
- You must submit a written notice of claim to both the school district and the Florida Department of Financial Services before filing a lawsuit
- The district then has a six-month investigation period before you can take any further legal action
- Recovery against a government entity is capped at $200,000 per person and $300,000 per incident
- Amounts above those caps require a special legislative claims bill, which is a separate and difficult process
Missing any of these procedural steps can result in your school bus claim being dismissed entirely, regardless of how compelling your evidence is.
What Kinds of Injuries Can Children Suffer in Florida School Bus Accidents?
Children have relatively little protection available to them in the event of a Florida bus accident. The types of injuries kids sustain in these accidents can range from minor to life-altering and may include:
- Concussions
- Other traumatic brain injuries (TBIs)
- Broken bones and fractures
- Neck and back injuries
- Spinal cord damage
- Cuts and lacerations
- Soft tissue injuries
- Emotional trauma and PTSD
Children do not always communicate the full extent of their pain after a Florida accident; some will try to tough it out and may not have the words to describe what they are feeling. That is why getting a thorough medical evaluation as soon as possible is a wise step to take, both for your child’s health and for the strength of any personal injury claim your family decides to pursue.
Protecting Your Child’s Rights After a Florida School Bus Accident
If your child has been injured in a Florida school bus accident, acting quickly and seeking legal advice is critical. An experienced personal injury lawyer with Elliott Law Firm can help you navigate the legal process from start to finish with the aim of helping you recover maximum compensation from everyone who shares liability.
Call (800) 300-0303 or reach out to us online to schedule a free consultation. We’ll be able to answer all of your questions when we meet to review your case.