How does the negligence of a decedent effect the Personal Representative’s ability to collect for wrongful death? After an individual dies as a result of the negligence of others, bills and expenses may begin to pile up – what happens if your Palm Beach Wrongful Death victim was the family breadwinner? Do you know if you have a chance at relief?
- wrongful death causes of action are governed by the law of negligence and theFlorida Wrongful Death Statute, which applies in Palm Beach, Jupiter, Delray, Boynton Beach and Miami Dade Courts that are litigating a wrongful death suit.
- Florida is a comparative negligence state which means that the actions of thedecedent can reduce the ultimate recovery of the Personal Representative. A West Palm Beach jury will be asked to decide how negligent they think the plaintiff was in comparison to the defendant, with a total of 100%.
- In other words, the plaintiff may have been 10% negligent by not wearing a seatbelt while the drunk driver who hit them may be held to be 90% negligent.
- Do you agree? Is negligence a zero sum game?
Florida Fourth DCA addresses seatbelt issues in a recent case dealing with a West Palm Beach driver who had an inoperable seatbelt.
- The Fourth DCA handed down its opinion today, April 8, 2015 in the case of Candice Jones as Personal Representative of the Estate of Ryland Nye v. Michael Alayon, No.4D12-4546.
- The Personal Representative was bringing a wrongful death action on behalf of thedecedent after he was hit by a police officer (who may have been drinking) and drove off. The plaintiffs seatbelt was inoperable.
- The jury considered whether or not the plaintiff was negligent in not using a seatbelt, which he could not have used, they said he was but do you agree?
West Palm Beach Probate Courts hold parties to standards they may have never consented to, just like the plaintiff here who may have never known he had to find a car witha working seatbelt or risk his families ability to recover after his death. The same can be true for a poorly planned estate plan.