Comparative negligence is a legal doctrine that decides how much fault each person has in an accident. In personal injury and wrongful death cases, it affects how much compensation the plaintiff (the person filing the claim) can receive. If the plaintiff is partly at fault, the court reduces their compensation by that percentage. For example, if they are 30% at fault, they receive 30% less money.
Florida used to have a pure comparative negligence system. This meant a plaintiff could still receive some money even if they were 99% at fault. However, in March 2023, Florida changed to a modified comparative negligence system with House Bill 837. Here’s what this change means for wrongful death cases:
There is a 50% bar rule
Under this comparative negligence system, the plaintiff cannot recover damages if the deceased is more than 50% at fault for the incident, except in cases of medical negligence. However, if the deceased is 50% or less at fault, the court reduces the compensation based on the percentage of fault. For example, if the court awards $100,000 to the plaintiff but finds the deceased 20% at fault, they will reduce the compensation by $20,000, leaving a final amount of $80,000.
What should you do?
Since the amount of compensation received depends on the percentage of fault assigned to the deceased, it is essential to conduct a thorough investigation to determine fault accurately. This means collecting all relevant evidence to support your case.
Wrongful death claims also include economic damages, like medical expenses and lost wages, and noneconomic damages, such as pain and suffering, or loss of companionship. Keep detailed records of all costs and losses related to the death. This documentation will be crucial in calculating the total damages and supporting your claim.
Situations like these go beyond numbers
Losing a loved one is one of the most challenging experiences anyone can face. If you believe that negligence played a role in their death, it’s important to remember that you have the right to seek justice and hold those responsible accountable.