In a Florida wrongful death action, the comparative fault statute provides that the court must enter judgment against each defendant liable, based on each defendant’s percentage of fault, and not on the basis of joint and several liability. When determining the defendant’s percentage of fault, that defendant’s fault should be compared to all of the other defendants or non-party entities who contributed to the wrongful act, regardless of whether they have been or could have been joined as defendants. Comparative fault chargeable to non-parties proportionately diminishes the amount of damages awarded as economic and noneconomic damages. Under the Wrongful Death Act, the comparative negligence of third parties who are not survivors of the decedent will reduce the recovery of the estate and survivors.

In order to assign any fault to a nonparty, a defendant must affirmatively plead at trial, by a preponderance of the evidence, the fault of the nonparty and absent a showing of good cause, identify the nonparty, if known or describe as specifically as possible, either by motion or in the initial responsive pleading when defenses are first presented, subject to amendment any time before trial in accordance with the Florida Rules of Civil Procedure. Additionally, to assign any or all fault to a nonparty and include the nonparty on the verdict form for the purpose of apportioning damages, a defendant must prove at trial by a preponderance of the evidence, that the nonparty caused the plaintiff's injuries.

To ensure that you recover the full amount of damages that you deserve for the loss of your loved one, you need a West Palm Beach wrongful death attorney. Call Sharmin & Sharmin P.A. 1-800-74-TRIAL.