Can you file a wrongful death lawsuit if the deceased person was partially at fault?

Although this is not the case in every state, you can still sue for wrongful death in Florida, even if the deceased was partially at fault.

Nevertheless, if the jury finds that your family member did share part of the accident’s fault, it will most likely reduce the amount of compensation you can recover. This concept is known as comparative negligence.

Florida is one of the states where it does not matter to what degree the deceased person was at fault as long as it was less than 100%. So, even if the jury found the victim to be 99% responsible for the accident, they could still recover damages caused by a defendant who was 1% to blame. These cases are very complex, which is why it is best to hire a qualified wrongful death lawyer. The jury will have to decide whether or not the defendant was negligent, depending on the following aspects:

• the defendant had a duty of care to the deceased
• the defendant breached the duty
• the deceased suffered damages – in these cases, death
• those damages were caused by the defendant’s breach of the duty of care

If both the defendant and the deceased individual are found to have been liable, the jury will decide how much of the fault each side deserves. The amount of damages the plaintiff is awarded will be reduced in correlation with how much of the fault the jury assigned to the deceased. For instance, if the total damages are $1,000,000 and the jury determines that the defendant was 85% at fault and the deceased was 25% to blame, the plaintiff will be awarded $850,000.

Even in cases where the defendant is aware that they were negligent, they will still try to prove that the deceased person was at least partially to blame. Several possible scenarios involving accidents where both parties have a part of the blame exist – here are some examples:

• in a car accident, the defendant may say that the deceased was not wearing the seatbelt
• in a motorcycle accident, the defendant may say that the victim was not wearing their helmet
• in a malpractice claim, the defendant may say that the victim did not disclose pertinent medical history information before the surgery
• in a slip and fall accident, the defendant may say that the deceased did not obey signs warning them of danger in that area

How can The Law Offices of Sean M. Cleary help?

The Law Offices of Sean M. Cleary will offer you quality legal assistance if you intend to file a wrongful death lawsuit, even if the deceased was partially responsible for their death. While these cases are more complex, our attorney, who has over 20 years of professional experience, will thoroughly assess your situation to determine who is more to blame in your specific situation.