When a loved one dies because of someone else’s negligence, Florida law allows surviving family members to pursue compensation through a wrongful death lawsuit. These cases are meant to hold negligent parties accountable and provide financial support for families who have suffered a devastating loss.
However, one legal principle that can significantly affect wrongful death claims in Florida is comparative fault. Even when another person or company caused the death, the law may examine whether the deceased person was partially responsible for the incident.
Understanding how comparative fault works is critical for families pursuing a wrongful death claim.
What Is Comparative Fault Under Florida Law?
Florida follows a comparative fault system, which means that liability for an accident can be shared among multiple parties. Instead of placing 100% of the blame on one person, a jury may determine that several people contributed to the incident.
In a wrongful death case, this can include:
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The defendant (such as a negligent driver, property owner, or healthcare provider)
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Other third parties
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In some cases, the deceased person themselves
If the deceased person is found to have contributed to the accident, the damages awarded to the family may be reduced based on that percentage of fault.
Florida’s Modified Comparative Fault Rule
Florida currently applies a modified comparative fault rule in most negligence cases. Under this rule:
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If a person is more than 50% responsible for the accident, recovery may be barred.
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If the person is 50% or less at fault, damages are reduced by the percentage of fault assigned.
In wrongful death cases, courts evaluate the conduct of the decedent to determine whether their actions contributed to the fatal incident.
Example of Comparative Fault in a Wrongful Death Case
Imagine a fatal car accident in which a negligent driver ran a red light and struck another vehicle. However, evidence shows the deceased driver may have been speeding at the time of the collision.
A jury might determine:
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Defendant driver: 80% at fault
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Deceased driver: 20% at fault
If the jury awards the family $2 million in damages, the award would be reduced by the deceased person’s share of fault.
Final recovery:
$2,000,000 – 20% = $1,600,000
Although the defendant is still primarily responsible, the comparative fault rule reduces the total compensation.
Comparative Fault Arguments Defendants Commonly Raise
Insurance companies and defendants often attempt to shift blame to the deceased person to reduce the value of a wrongful death claim.
Common arguments include allegations that the deceased:
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Was speeding or driving recklessly
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Failed to wear a seatbelt
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Ignored safety warnings
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Entered a dangerous area or situation
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Contributed to a medical complication by failing to follow instructions
These arguments are frequently disputed, and determining fault typically requires careful investigation and expert testimony.
Comparative Fault in Medical Malpractice Wrongful Death Cases
Comparative fault can also arise in wrongful death cases involving medical malpractice.
Healthcare providers may argue that the patient contributed to the outcome by:
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Failing to follow medical advice
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Delaying medical treatment
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Not disclosing relevant medical history
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Failing to comply with medication instructions
These defenses are often heavily contested, especially when the patient relied on professionals to provide safe and competent medical care.
Why Comparative Fault Makes Wrongful Death Cases More Complex
Comparative fault often becomes a central battleground in wrongful death litigation because even a small percentage of fault can significantly reduce the compensation available to a family.
Establishing liability often requires:
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Accident reconstruction
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Medical expert testimony
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Analysis of surveillance footage or electronic data
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Witness testimony
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Review of medical records or safety protocols
For families already coping with loss, these legal complexities can feel overwhelming.
Damages Available in Florida Wrongful Death Claims
Even when comparative fault applies, surviving family members may still recover significant damages if the defendant’s negligence played a substantial role in the death.
Potential damages may include:
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Medical expenses incurred before death
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Funeral and burial costs
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Loss of financial support and services
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Loss of companionship and protection
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Mental pain and suffering for surviving relatives
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Lost earnings the deceased would likely have provided
The specific damages available depend on the family relationship and the circumstances of the case.
Protecting Your Family’s Rights After a Wrongful Death
Wrongful death cases are emotionally and legally complex, particularly when defendants attempt to blame the deceased for the tragedy.
An experienced wrongful death attorney can investigate the incident, gather evidence, work with experts, and challenge unfair attempts to shift responsibility.
For grieving families, understanding how Florida’s comparative fault law works can help clarify what to expect and ensure that those responsible for the loss are held accountable.
Contact Florida Wrongful Death Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
This article is for informational purposes only and does not constitute legal advice.
