Historically, the state and its subdivisions and agents could not be sued – enjoying what is known as sovereign immunity. Modern government entities, however, recognize that their employees and agents occasionally act negligently – causing serious injuries to good law abiding citizens, and that it would create a great injustice if those who are so injured were unable to recover money for their injuriesm and pain & suffering, the way they could if the injury was negligently caused by another private citizen or corporation. So states, including Florida (and its subdivisions and agencies -i.e. cities, counties, public hospitals, etc..) passed legislation that waives their sovereign immunity, subject to certain limits.
Florida Statutes Sec. 768.28 governs the waiver of sovereign immunity, sets limitations on attorneys fees and provides for other limitations:
- Capped at 25% (in either settlement or verdict/judgment)