A state policy that puts court settlements

in the hands of state legislators is unfair, Scott Maxwell writes.

Ten years ago, a school bus plowed into Carl Abbott, ending life as he knew it.

He was left permanently disabled, partially paralyzed and confined to a nursing home the rest of his life. The Palm Beach County bus had struck the 67-year-old as he attempted to use a crosswalk.

Obviously Abbott would rack up care costs for the rest of his life. So the school district that employed the bus driver agreed to a settlement, giving Abbott nearly $2 million. Only Abbott never got it. Even though his family begged. Even though Abbott’s doctor said he needed it to live.

Instead, Florida legislators, who must approve most claims over $200,000 paid by any public agency, dragged their feet …. until Abbott died.

“North Palm man dies waiting for Legislature to act on claims bill,” read the 2015 headline in the Palm Beach Post.

Residents were appalled. So two weeks later — six years after the school district had agreed to give him the money — the politicians finally approved the claim … for a dead man.

This is Florida’s version of justice. And it’s probably proof enough that Florida’s “sovereign immunity” policy — one that asks legislators to approve settlements involving agencies they aren’t connected to in any way — is wickedly flawed. But it gets worse. Because many times, if these victims hope to have any chance of getting their money — money that courts have often already decided they deserve — they have to hire a lobbyist to cozy up to legislators.

And last week, the Associated Press revealed that many of those successful claimants had a common bond: They hired the lobbying firm run by the brother of House Speaker Richard Corcoran.

The Legislature continued to deny or ignore most claims — four out of every five, in fact. But the AP found that Corcoran’s brother had a much higher success rate — so much that his firm’s clients accounted for nearly half of the $35 million in claims that legislators approved over the past two years.

Maybe it’s just a coincidence that the claim bills promoted by Michael Corcoran’s firm fared so well in Speaker Corcoran’s House.

But one thing is clear: No victim should have to hire a lobbyist — any lobbyist — to get justice that has already been awarded by a jury or a settlement already agreed to by an agency.

It’s a twisted way to dispense justice; something that victimizes the victim all over again. And lobbyists can play a role in

denying victims money, too. The AP noted, for instance, that one of the claims bills the Legislature refused to approve this year came from a woman

who was run over by a Volusia County lifeguard. His F-150 pickup cracked her skull, broke her ribs and paralyzed part of her face.

A jury and judge awarded the woman nearly $2 million — money the county can help pay through its insurance company. But the AP reported that the insurance company’s lobbyist urged legislators not to approve the payout. And they didn’t.

Other claims come from children abused while in the foster system, patients injured by workers in public hospitals and others run over by government vehicles.

Obviously few, if any, of the governmental agencies responsible intended to harm someone. But if they did cause harm, they should help make it right. That’s a principle upon which we all generally agree.

The entire concept of sovereign immunity is antiquated, dating back to the days when it was proclaimed: “The king can do no wrong.” Anyone who believes government can do no wrong hasn’t been paying attention.

Sure, some verdicts seem high. But do you want juries rendering judgments or politicians and lobbyists?

I get that some people just love to rant about lawyers. I had a man rant about them to me just the other day. I responded: Sir, you should feel pleased. The legislators have heard you. As a result, if you and your wife get run over by a city garbage truck tomorrow, there’s a good chance your children will never collect the money to which they are entitled … unless they hire the right lobbyist.

The system needs reform. If a local government has screwed up and is ready to pay to make things right, state politicians have no business interfering.

Adding politicians to any formula rarely improves the odds of justice.