How Comparative Negligence Affects Car Accident Wrongful Death Claims in Florida

Losing a loved one in a car accident is a devastating experience, especially when the crash was caused by someone else’s negligence. In Florida, surviving family members may have the right to file a wrongful death claim to seek compensation for their losses. However, Florida law follows a comparative negligence system, which means that the amount of compensation a family can recover may be reduced or even barred if the deceased is found partially at fault for the accident.

Understanding how comparative negligence applies to wrongful death claims is crucial when pursuing justice for a lost loved one. Our West Palm Beach wrongful death attorneys explain how Florida’s modified comparative negligence law works, how it affects wrongful death lawsuits, and what families can do to maximize their compensation.

What Is Comparative Negligence in Florida?

Comparative negligence is a legal doctrine that assigns fault among all parties involved in an accident. Instead of one person being entirely responsible, fault can be shared based on the actions or inactions of multiple people or entities.

Florida’s Modified Comparative Negligence Rule

As of March 24, 2023, Florida follows a modified comparative negligence system under Florida Statute § 768.81. This rule directly affects wrongful death claims, determining whether the deceased’s family can recover damages based on the degree of fault assigned to the deceased.

Under this law, if a jury determines that the deceased was more than 50% responsible, the surviving family members will not recover any damages from the other party, regardless of the severity of their loss. This is a significant change from Florida’s previous system of pure comparative negligence system, which allowed recovery even if the deceased was 99% at fault.

If the deceased is found partially at fault—but not exceeding the 50% threshold—the amount of compensation awarded to their family will be reduced proportionally to the assigned percentage of fault. For example, if the jury determines the deceased was 30% at fault, and the total damages awarded amount to $1,000,000, the family would receive $700,000 after the 30% reduction. This reduction reflects the principle that each party should be responsible for their proportionate share of the negligence that contributed to the accident.

How Comparative Negligence Affects Wrongful Death Claims

The Other Driver May Argue That the Deceased Was Partially at Fault

In wrongful death cases, the defendant (or their insurance company) will often try to reduce their financial liability by claiming that the deceased contributed to the accident. Some common arguments include:

• The deceased was speeding at the time of the crash.
• The deceased failed to yield or ran a red light.
• The deceased was distracted (e.g., using a phone or adjusting the radio).
• The deceased was driving under the influence or otherwise impaired.

If any of these claims are successful, the compensation available to the deceased’s family may be significantly reduced or eliminated under Florida’s modified comparative negligence rule.

Insurance Companies Will Use Comparative Negligence to Lower Payouts

Insurance companies often try to limit their financial responsibility by arguing that the deceased was partially at fault. This allows them to reduce the amount they have to pay out in wrongful death claims.

• If the insurance company claims the deceased was more than 50% responsible, they may deny the claim entirely.
• If the insurance company claims the deceased was partially responsible, they will try to minimize the payout by reducing the amount offered.

Because insurance adjusters are skilled at using comparative negligence arguments, families should never accept a settlement offer without consulting with an experienced wrongful death attorney.

Proving the Defendant Was Primarily at Fault

To maximize compensation, the deceased’s family must prove that the defendant was primarily at fault. Evidence that can help establish the other driver’s liability includes:

• Police reports – Official accident reports that document fault determinations.
• Dashcam or surveillance footage – Video evidence that shows how the accident occurred.
• Eyewitness testimony – Statements from bystanders or other drivers who saw the crash.
• Accident reconstruction experts – Professionals who analyze crash evidence to determine fault.
• Toxicology reports – If the other driver was intoxicated, this can prove gross negligence.

A strong wrongful death case will focus on gathering this evidence to reduce any percentage of fault assigned to the deceased and ensure that the family receives full compensation.

How to Protect Your Wrongful Death Claim from Comparative Negligence Arguments

Hire an Experienced Wrongful Death Attorney

Navigating a wrongful death claim is a complex process, especially when comparative negligence arguments are used to reduce or deny compensation. That’s why it is essential to hire an experienced wrongful death attorney.

A skilled attorney will gather evidence to prove that the other party was primarily at fault, challenge any false claims that the deceased was responsible for the accident, and negotiate with insurance companies to prevent unfair reductions in compensation.

Moreover, if necessary, the attorney is prepared to take the case to trial to fight for full damages on behalf of the grieving family.

Do Not Speak to the Insurance Company Without Legal Counsel

It is also crucial for families not to speak to the insurance company without legal counsel. Insurance companies may misinterpret or twist any statements given by family members to argue that the deceased was at fault.

To avoid inadvertently weakening your claim, you should refrain from providing recorded statements unless advised and accompanied by an attorney, refuse to accept any settlement offers without consulting with an attorney, and never sign documents without having them reviewed by an attorney.

Taking these precautions helps ensure that your legal rights are fully protected throughout the claims process.

Preserve All Evidence Related to the Accident

In addition, preserving all evidence related to the accident is one of the best defenses against comparative negligence claims. Families should obtain and carefully review the police report to check for any errors or biases that could affect the outcome of the case.

It is equally important to collect all relevant medical records documenting the deceased’s injuries, as these records provide vital evidence of the harm caused by the accident.

Additionally, securing video footage from traffic cameras, dashcams, or nearby businesses can offer compelling, objective proof of the events leading up to the crash.

By proactively gathering and preserving all available evidence, families can build a strong case to refute any comparative negligence arguments and enhance their prospects of recovering the full compensation they deserve.

Contact Smith, Ball, Báez & Prather

Comparative negligence can significantly impact a wrongful death claim in Florida. If the deceased is found partially at fault, the compensation available to their surviving family members may be reduced significantly or denied entirely. Given the high stakes involved, families must take steps to challenge unfair fault assessments and maximize their claims.

An experienced wrongful death attorney can help gather evidence, counter insurance company tactics, and ensure that grieving families receive the compensation they deserve. If your loved one was killed in a Florida car accident, seeking legal representation as soon as possible is critical to protecting your rights.

If you have lost a loved one in a wrongful death accident, the legal team at Smith, Ball, Báez & Prather is here to help. Our attorneys have extensive experience handling wrongful death claims and will fight to hold negligent parties accountable.

Contact us today for a free consultation to discuss your case and explore your legal options.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html