Can we recover damages if my loved one was partially at fault for the accident?
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Yes, surviving family members may still recover damages, provided the deceased was not more than 50% responsible for the incident. Florida’s modified comparative negligence law applies to wrongful death cases, meaning any financial recovery will be reduced by the decedent’s percentage of fault. For example, if a jury at the 15th Judicial Circuit Court determines the deceased was 20% at fault, the total award may be reduced by 20%.
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