Can You File A Florida Wrongful Death Claim If The Victim Was Partially At-Fault For The Accident?

One of the worst things in life is losing a loved one. It is especially heartbreaking when you lose a loved one because of the negligence of another party. In Florida, when someone dies because of the negligence of another party, it is considered a wrongful death. According to Florida Statute 768.19, when a party causes a person’s death by negligence, they are liable for damages. But what if the victim was partially to blame for the fatal accident? Is it possible to file a wrongful death claim and recover compensation in such a case? Yes, it is. However, the compensation in such a case may not be as substantial as in a case where the victim shares no blame for the fatal accident. Read on to learn more.

Who Is Allowed to File a Wrongful Death Claim in Florida?

If you recently lost a loved one because of another party’s negligence, it is vital that you understand who is allowed to file a wrongful death claim in Florida. According to Florida Statute 768.20, the estate’s personal representative has the duty to file a wrongful death claim for the benefit of the surviving loved ones. The personal representative is usually named in the deceased person’s will or estate planning documents.

Compensation in Florida Wrongful Death Claims Is Dependent on the Percentage of Responsibility

As already mentioned, it’s possible to file a Florida wrongful death claim if the victim was also to blame for the accident. For instance, suppose the victim was distracted when they got hit by a speeding driver. You can still hold the speeding driver accountable for their negligent actions in such a case. However, Florida’s pure comparative negligence rule means that damages will be awarded according to each party’s percentage of fault.

For example, suppose because the victim was distracted driving, they are found to be 50% at fault for the fatal accident. In such a case, the compensation awarded will be reduced by 50%. For example, if the total damages amount to $450,000, surviving loved ones would only be eligible to recover $225,000 (50% of $450,000).

Other Factors That Can Impact the Value of a Wrongful Death Claim

Apart from comparative negligence, several other factors can impact the value of a wrongful death claim. Fortunately, some factors can positively impact the value of a wrongful death claim. Some of the factors that may influence the value of a wrongful death claim include;

• Insurance policy limits: If the defendant does not have enough insurance coverage, you might not recover what you deserve. On the other hand, if the defendant is well-insured, you can expect to recover the full value of your claim.
• Your attorney’s negotiation or litigation skills: If your attorney is skilled enough, you may recover far more than you would have had you worked with an unskilled attorney or alone.

Legal Help Is Available

Our Orlando personal injury attorneys at The Pendas Law Firm have years of experience fighting for the rights of injured victims and the families of wrongful death victims. Contact us today to schedule a consultation and learn more about how we can help you.

The Pendas Law Firm also represents clients in the Fort Myers, Fort Lauderdale, West Palm Beach, Daytona Beach, Bradenton, Tampa, Jacksonville, Ocala, Miami, Melbourne, and Naples areas.