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The state of Florida has 15 million drivers on its many interstates, highways, turnpikes, and byways. And these drivers find themselves in about 250,000 crashes per year. You know accidents occur every day, but if it happens to you, do you know what steps to take? Here is a brief overview of Florida auto accident law.
Car Accident First Steps
The first thing to do if you've been in a car accident is stop to check if anyone has been injured. Florida law requires you to stop at the scene of the accident, and get help for anyone who is injured. You are also required to report the accident to the local police department, sheriff, or the Florida Highway Patrol if the accident involved any injuries or damage over $500. You must move your car if it is blocking traffic, or call for help or a tow truck if you cannot move it yourself.

Although not necessarily required by law, there are other steps you should take after a car accident in order to ensure your safety and the safety of others, as well as to preserve evidence that may be important down the line. FindLaw provides a Motor Vehicle Accidents: First Steps pamphlet that you can print and keep in your car in case of an accident.
Car Accident Liability in Florida
Most car accidents happen because one of the drivers was legally negligent. Negligence is when someone has a duty to act with reasonable care and fails to do so, causing harm to another person. A negligent person is required by law pay for the harm he causes to another person in proportion to his or her liability for the other person's losses. Different states use different systems to determine liability.

Florida negligence laws use a comparative negligence system to determine the amount of liability in negligence cases. What this means is that each person who is at fault for an accident or injury is liable to the extent of his or her portion of the fault.

Example: if Peter is speeding on I-95 and runs into Denise as she's changing lanes without using her blinker, a court may find that Peter is 60% at fault and Denise is 40% at fault. Therefore, under Florida law, Peter is liable for 60% of Denise's losses resulting from the car accident. This includes any expenses from injuries or property damage that occurred because of the accident. Equally, Denise is liable for 40% of any of Peter's losses resulting from the accident.
Car Accident Insurance Claims Florida
Florida law requires everyone who registers a vehicle to maintain automobile insurance, with at least $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL). Because you will probably be dealing with an insurance company, there are a few things to be aware of if you are involved in a car accident.

It is important, and legally required, to contact the police and make sure an accident report is written to document who is at fault. For your own information, you should record the date of the accident, the police agency that conducted the investigation, and the make, model, tag number, vehicle identification number of any other cars involved. If you can, write down the insurance information of the other driver(s), and contact your insurer immediately. If your car is damaged, you should take it to a reputable body shop for estimates and repairs. If you've been injured, get checked out by your family physician or go to your local emergency room if your injuries require immediate care. Be sure to collect any pertinent past medical history that may be of interest to your physician, insurance company, or attorney.
Determining Who is At Fault
After you submit your car insurance claim with the appropriate insurance company, a claims adjuster will determine fault in the accident. In some cases, proving fault for an accident can be relatively easy, while other accidents can be more complicated. Whether it's an insurance claims adjuster or a judge, the person who determines fault for a car accident will use the evidence available to him or her to make the determination. This evidence can include witness statements, police reports, photographs of the scene and the vehicles, and medical records. If a person admitted fault to an insurance company, the claims adjuster will factor that statement in. The insurance company will then either deny a claim or offer a settlement based on the insurance policy and the fault of the parties involved.
More Resources
Dealing with insurance companies can sometimes be difficult. If you feel that your insurer is not looking out for your best interests, or if you are considering filing a lawsuit, it may be helpful to meet with an experienced Florida car accident attorney about your case. You can also find more general information in FindLaw's car accident law section.

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The state of Florida has 15 million drivers on its many interstates, highways, turnpikes, and byways. And these drivers find themselves in about 250,000 crashes per year. You know accidents occur every day, but if it happens to you, do you know what steps to take?

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Florida Department of Highway Safety and Motor Vehicles

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Seleccione aquí para Español
The Florida Department of Highway Safety and Motor Vehicles collects data and conducts research in order to provide lawmakers, partners and stakeholders, the media, and citizens with important facts and valuable information related to public safety and motor services. The Department compiles and analyzes traffic and safety data and emerging trends, and disseminates this research-as well as public safety expertise-to support public safety education efforts and policy decisions.

When using any information from the reports and publications below, please credit: The Florida Department of Highway Safety and Motor Vehicles or FLHSMV.

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Crash and Citation Reports & Statistics - Florida Department of Highway Safety and Motor Vehicles

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Seleccione aquí para Español The Florida Department of Highway Safety and Motor Vehicles collects data and conducts research in order to provide lawmakers, partners and stakeholders, the media, and citizens with important facts and valuable information related to public safety and motor services. The Department compiles and analyzes traffic and safety data and emerging trends, [...]

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The Seriousness of Auto Accidents

Victims of crashes and those who lose family members know firsthand that a car accident can change your life forever. Drivers are expected to be careful behind the wheel and to follow safe driving rules. Unfortunately, far too many motorists take unnecessary chances or make unsafe choices. Motor vehicle accidents are a leading cause of serious injury and fatalities throughout the United States - particularly in Florida - and these collisions have a tremendous cost, both financially and emotionally. If you or a loved one has been injured due to an auto accident, a Crestview auto accident lawyer can help you get compensation for your injuries.

A Family-Run Personal Injury Law Firm

Powell, Powell & Powell is a family-run law firm spanning three generations. Our family's history of legal services goes back to our roots. Our family has had lawyers and judges for several generations in Okaloosa and Walton Counties. The Powell family is a strong believer in using the law to protect injured victims. That is why our firm only represents clients who have been harmed, not insurance companies. Since 1951, the auto accident lawyers at our firm have been passionate advocates helping to secure justice.

Our Crestview attorneys provide legal representation after you are hurt or a loved one is killed in any type of motor vehicle accident including:

In most cases, a driver is to blame for the accident and is the obvious defendant. For some claims, however, there may be multiple parties who are responsible for what has happened to you.

If a trucker causes you to crash due to his negligence, the trucking company may be to blame. If both unsafe driving and faulty car parts were causes or contributing factors to your accident, you may have a claim against both the driver and the car maker.

An auto accident attorney at our firm will carefully evaluate the circumstances of your injury and help you identify all defendants who may be liable for compensating you for losses.

Contacting a Crestview Auto Accident Lawyer

Many car accident cases settle outside of court, and Powell, Powell & Powell is ready to negotiate on your behalf with the insurance company. The insurance company representing the driver who hurt you may offer you a settlement, but you should never accept until you have had a lawyer look it over. Insurers are not on your side and they may try to offer less than you are entitled to. An auto accident lawyer on our team will negotiate with the insurer to help secure a reasonable settlement.

Although settling is common, we believe it is important to always be prepared to go to court. Our experienced litigators will work from day one with the assumption that we will have to prove your case to a judge or jury. We build evidence, oversee investigations, and interview witnesses. We take a team approach to preparing for your case and will keep you updated throughout the process. If your case goes to trial, we are ready to show the jury why you deserve justice.

Our Crestview car accident law firm offers a free consultation to crash victims, so if you are ready to take the first step toward moving on after your accident, call us today to learn more: 850-682-2757.

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Crestview Auto Accident Lawyer | Powell Law Firm

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Victims of crashes and those who lose family members know firsthand that a car accident can change your life forever. Drivers are expected to be careful behind the wheel and to follow safe driving rules. Unfortunately, far too many motorists take unnecessary chances or make unsafe choices.

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422 N. Main Street

Crestview, Florida 32536

(850) 682-2757

http://www.powelllawfirm.com/contact-us/crestview/

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Wrongful death cases are fraught with emotion and grief and require an experienced and compassionate wrongful death attorney to handle the factual information and legal issues. A wrongful death claim arises from the negligence or misconduct of another individual, and the death typically results from motor vehicle accidents, medical mistakes, workplace accidents, and dangerous or defective products.

The death of a loved one will have devastating consequences, both emotionally and financially, on the family of the victim, and the family is entitled to compensation for the loss. Many families fail to pursue a wrongful death claim since they are initially in a state of shock, are focused on the immediate concerns and issues following the tragic death, and they do not wish to think about legal matters during their time of mourning.

Filing a Wrongful Death Claim in Florida

The purpose of a wrongful death claim is to hold the at-fault party accountable for his or her actions by compensating the family for their losses as well as to prevent the at-fault party from causing other tragedies. Compensation may include damages such as medical expenses incurred prior to death, funeral expenses, loss of financial support, and loss of consortium.

A Florida wrongful death claim can be filed for certain members of the victim's immediate family, including the spouse, children and parents and other relatives who were dependent on the victim. Please be advised that in Florida, the deadline for bringing a wrongful death claim is two years from the date of death, so the sooner you can contact a wrongful death attorney, the better. Failing to file a claim within this deadline may prohibit the victim's family from recovering compensation for their loved one's death.

Getting Justice for Your Loved One: Contact Powell, Powell & Powell

We have represented many families of loved ones who were tragically killed as a result of another person's negligence. We understand that the family may take solace in obtaining some justice for their loved one as well as knowing that their loved one has been recognized and appreciated.

Our fees in a wrongful death case are a percentage of the recovery we obtain through trial or settlement. We also advance all costs of preparing the case for trial. Please be advised that we do not charge for any fees or costs unless we are successful in obtaining a recovery.

Our personal injury law firm is a family business which was founded on the principle of providing high-quality, responsive and personalized legal services. We remain committed to this core principle and we work together as a team to ensure that our clients receive the individualized legal representation for which our firm is known.

Contact the wrongul death attorneys at Powell, Powell & Powell for a free consultation to discuss the passing of your loved one. We understand this is a difficult time for you and your family and we are here to help you. Call 850-682-2757 today to schedule a free consultation. Our legal team serves residents of Destin, as well asFort Walton, Crestview, Niceville, Freeport, DeFuniak Springs, and the entire Emerald Coast

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Wrongful Death Claims | A Florida Personal Injury Attorney Can Help

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Wrongful death cases are fraught with emotion and grief and require an experienced and compassionate wrongful death attorney to handle the factual information and legal issues. A wrongful death claim arises from the negligence or misconduct of another individual, and the death typically results from motor vehicle accidents, medical mistakes, workplace accidents, and dangerous or defective products.

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The Florida Statutes

The 2019 Florida Statutes

CHAPTER 768

768.041  Release or covenant not to sue.

768.0415  Liability for injury to parent.

768.0425  Damages in actions against contractors for injuries sustained from negligence, malfeasance, or misfeasance.

768.043  Remittitur and additur actions arising out of operation of motor vehicles.

768.07  Railroad liability for injury to employees.

768.0705  Limitation on premises liability.

768.075  Immunity from liability for injury to trespassers on real property.

768.0755  Premises liability for transitory foreign substances in a business establishment.

768.08  Liability of corporations having relief department for injury to employees; contracts in violation of act void.

768.0895  Limitation of liability for employers of persons with disabilities.

768.091  Employer liability limits; ridesharing.

768.092  Special mobile equipment; liability of lessors.

768.093  Owner liability limits; powered shopping carts.

768.095  Employer immunity from liability; disclosure of information regarding former or current employees.

768.096  Employer presumption against negligent hiring.

768.098  Limitation of liability for employee leasing.

768.0981  Limitation on actions against insurers, prepaid limited health service organizations, health maintenance organizations, or prepaid health clinics.

768.10  Pits and holes not to be left open.

768.11  Pits and holes; measure of damages.

768.12  Motor vehicle colliding with any animal at large on a public highway.

768.125  Liability for injury or damage resulting from intoxication.

768.1256  Government rules defense.

768.1257  State-of-the-art defense for products liability.

768.128  Hazardous spills; definitions; persons who assist in containing or treating spills; immunity from liability; exceptions.

768.13  Good Samaritan Act; immunity from civil liability.

768.1315  Good Samaritan Volunteer Firefighters' Assistance Act; immunity from civil liability.

768.1325  Cardiac Arrest Survival Act; immunity from civil liability.

768.1326  Placement of automated external defibrillators in state buildings; rulemaking authority.

768.1335  Emergency Medical Dispatch Act; presumption.

768.1345  Professional malpractice; immunity.

768.135  Volunteer team physicians; immunity.

768.1355  Florida Volunteer Protection Act.

768.136  Liability for canned or perishable food distributed free of charge.

768.137  Definition; limitation of civil liability for certain farmers; exception.

768.138  Interruption of electric utility service by order of law enforcement; immunity.

768.1382  Streetlights, security lights, and other similar illumination; limitation on liability.

768.139  Rescue of vulnerable person or domestic animal from a motor vehicle; immunity from civil liability.

768.14  Suit by state; waiver of sovereign immunity.

768.16  Wrongful Death Act.

768.17  Legislative intent.

768.23  Protection of minors and incompetents.

768.24  Death of a survivor before judgment.

768.25  Court approval of settlements.

768.26  Litigation expenses.

768.28  Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs.

768.295  Strategic Lawsuits Against Public Participation (SLAPP) prohibited.

768.31  Contribution among tortfeasors.

768.35  Continuing domestic violence.

768.36  Alcohol or drug defense.

768.37  Limitation on civil liability arising from long-term consumption of food and nonalcoholic beverages.

768.075  Immunity from liability for injury to trespassers on real property. -

(1)  A person or organization owning or controlling an interest in real property, or an agent of such person or organization, shall not be held liable for any civil damages for death of or injury or damage to a trespasser upon the property when such trespasser was under the influence of alcoholic beverages with a blood-alcohol level of 0.08 percent or higher, when such trespasser was under the influence of any chemical substance set forth in s. 877.111, when such trespasser was illegally under the influence of any substance controlled under chapter 893, or if the trespasser is affected by any of the aforesaid substances to the extent that her or his normal faculties are impaired. However, the person or organization owning or controlling the interest in real property shall not be immune from liability if gross negligence or intentional misconduct on the part of such person or organization or agent thereof is a proximate cause of the death of or injury or damage to the trespasser.

(2)  A person or organization owning or controlling an interest in real property, or an agent of such person or organization, is not liable for any civil damages for the death of or injury or damage to any discovered or undiscovered trespasser, except as provided in paragraphs (3)(a), (b), and (c), and regardless of whether the trespasser was intoxicated or otherwise impaired.

(4)  A person or organization owning or controlling an interest in real property, or an agent of such person or organization, shall not be held liable for negligence that results in the death of, injury to, or damage to a person who is attempting to commit a felony or who is engaged in the commission of a felony on the property.

768.092  Special mobile equipment; liability of lessors. -

768.093  Owner liability limits; powered shopping carts. -

(1)  For the purposes of this section, the term "powered shopping cart" means an electrically powered assistive technology device which is generally used in a retail establishment by a customer, designed for the simultaneous transport of a person and of goods of any kind, and capable of speeds no greater than 21/2 miles per hour.

(2)  A powered shopping cart which is provided to a person gratuitously for use solely on the premises of the owner of such powered shopping cart shall not be considered a dangerous instrumentality in this state.

768.096  Employer presumption against negligent hiring. -

768.098  Limitation of liability for employee leasing. -

768.13  Good Samaritan Act; immunity from civil liability. -

(1)  This act shall be known and cited as the "Good Samaritan Act."

(2)(a)  Any person, including those licensed to practice medicine, who gratuitously and in good faith renders emergency care or treatment either in direct response to emergency situations related to and arising out of a public health emergency declared pursuant to s. 381.00315, a state of emergency which has been declared pursuant to s. 252.36 or at the scene of an emergency outside of a hospital, doctor's office, or other place having proper medical equipment, without objection of the injured victim or victims thereof, shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.

(b)1.  Any health care provider, including a hospital licensed under chapter 395, providing emergency services pursuant to obligations imposed by 42 U.S.C. s. 1395dd, s. 395.1041, s. 395.401, or s. 401.45 shall not be held liable for any civil damages as a result of such medical care or treatment unless such damages result from providing, or failing to provide, medical care or treatment under circumstances demonstrating a reckless disregard for the consequences so as to affect the life or health of another.

2.  The immunity provided by this paragraph applies to damages as a result of any act or omission of providing medical care or treatment, including diagnosis:

a.  Which occurs prior to the time the patient is stabilized and is capable of receiving medical treatment as a nonemergency patient, unless surgery is required as a result of the emergency within a reasonable time after the patient is stabilized, in which case the immunity provided by this paragraph applies to any act or omission of providing medical care or treatment which occurs prior to the stabilization of the patient following the surgery.

b.  Which is related to the original medical emergency.

3.  For purposes of this paragraph, "reckless disregard" as it applies to a given health care provider rendering emergency medical services shall be such conduct that a health care provider knew or should have known, at the time such services were rendered, created an unreasonable risk of injury so as to affect the life or health of another, and such risk was substantially greater than that which is necessary to make the conduct negligent.

4.  Every emergency care facility granted immunity under this paragraph shall accept and treat all emergency care patients within the operational capacity of such facility without regard to ability to pay, including patients transferred from another emergency care facility or other health care provider pursuant to Pub. L. No. 99-272, s. 9121. The failure of an emergency care facility to comply with this subparagraph constitutes grounds for the department to initiate disciplinary action against the facility pursuant to chapter 395.

(c)1.  Any health care practitioner as defined in s. 456.001(4) who is in a hospital attending to a patient of his or her practice or for business or personal reasons unrelated to direct patient care, and who voluntarily responds to provide care or treatment to a patient with whom at that time the practitioner does not have a then-existing health care patient-practitioner relationship, and when such care or treatment is necessitated by a sudden or unexpected situation or by an occurrence that demands immediate medical attention, shall not be held liable for any civil damages as a result of any act or omission relative to that care or treatment, unless that care or treatment is proven to amount to conduct that is willful and wanton and would likely result in injury so as to affect the life or health of another.

2.  The immunity provided by this paragraph does not apply to damages as a result of any act or omission of providing medical care or treatment unrelated to the original situation that demanded immediate medical attention.

3.  For purposes of this paragraph, the Legislature's intent is to encourage health care practitioners to provide necessary emergency care to all persons without fear of litigation as described in this paragraph.

(d)  Any person whose acts or omissions are not otherwise covered by this section and who participates in emergency response activities under the direction of or in connection with a community emergency response team, local emergency management agencies, the Division of Emergency Management, or the Federal Emergency Management Agency is not liable for any civil damages as a result of care, treatment, or services provided gratuitously in such capacity and resulting from any act or failure to act in such capacity in providing or arranging further care, treatment, or services, if such person acts as a reasonably prudent person would have acted under the same or similar circumstances.

(3)  Any person, including those licensed to practice veterinary medicine, who gratuitously and in good faith renders emergency care or treatment to an injured animal at the scene of an emergency on or adjacent to a roadway shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.

768.1326  Placement of automated external defibrillators in state buildings; rulemaking authority. - No later than January 1, 2003, the State Surgeon General shall adopt rules to establish guidelines on the appropriate placement of automated external defibrillator devices in buildings or portions of buildings owned or leased by the state, and shall establish, by rule, recommendations on procedures for the deployment of automated external defibrillator devices in such buildings in accordance with the guidelines. The Secretary of Management Services shall assist the State Surgeon General in the development of the guidelines. The guidelines for the placement of the automated external defibrillators shall take into account the typical number of employees and visitors in the buildings, the extent of the need for security measures regarding the buildings, special circumstances in buildings or portions of buildings such as high electrical voltages or extreme heat or cold, and such other factors as the State Surgeon General and Secretary of Management Services determine to be appropriate. The State Surgeon General's recommendations for deployment of automated external defibrillators in buildings or portions of buildings owned or leased by the state shall include:

(1)  A reference list of appropriate training courses in the use of such devices, including the role of cardiopulmonary resuscitation;

(2)  The extent to which such devices may be used by laypersons;

(3)  Manufacturer recommended maintenance and testing of the devices; and

(4)  Coordination with local emergency medical services systems regarding the incidents of use of the devices.

In formulating these guidelines and recommendations, the State Surgeon General may consult with all appropriate public and private entities, including national and local public health organizations that seek to improve the survival rates of individuals who experience cardiac arrest.

768.136  Liability for canned or perishable food distributed free of charge. -

(2)  A good faith donor or gleaner of any canned or perishable food, apparently fit for human consumption, to a bona fide charitable or nonprofit organization for free distribution shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional misconduct of the donor or gleaner.

(3)  A bona fide charitable or nonprofit organization, or any representative or volunteer acting on behalf of such organization or an uncompensated person acting in a philanthropic manner providing services similar to those of such an organization, which accepts, collects, transports, or distributes any canned or perishable food, apparently fit for human consumption, from a good faith donor or gleaner for free distribution shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional misconduct of an agent of the charitable or nonprofit organization.

(4)  The provisions of this section apply to the good faith donation of canned or perishable food regardless of whether such food is readily marketable due to appearance, freshness, grade, surplus, or other such considerations.

(5)  The provisions of this section shall not be construed to restrict the authority of any lawful agency to otherwise regulate or ban the use of food for human consumption, and the immunity from liability granted herein shall not be construed to relieve any donor of its duty to comply with any law regulating such donor with respect to health or sanitation.

768.1382  Streetlights, security lights, and other similar illumination; limitation on liability. -

(2)  A streetlight provider is not liable and may not be held liable for any civil damages for personal injury, wrongful death, or property damage affected or caused by the malfunction or failure of illumination of such streetlight, regardless of whether the malfunction or failure of illumination is alleged or demonstrated to have contributed in any manner to the personal injury, wrongful death, or property damage, unless the provider failed to comply with the provisions of subsection (3).

(4)  Where the streetlight provider is a public utility or an electric utility, the streetlight provider is not liable for any civil damages for personal injury, wrongful death, or property damage affected or caused by the failure of illumination of such streetlights, regardless of whether the failure of illumination is alleged or demonstrated to have contributed in any manner to the personal injury, wrongful death, or property damage, if the streetlight provider disconnected electric or gas service to the streetlight upon the streetlight customer's request or as a result of the streetlight customer's failure to pay electric or gas bills when due or other breach of the applicable streetlight agreement or upon termination of the applicable streetlight agreement. In no event shall a public utility or electric utility be liable or held liable for civil damages for personal injury, wrongful death, or property damage under any circumstance affected or caused by the design, layout, quantity, or placement of streetlights or level of illumination resulting from the proper operation of a streetlight or series of streetlights.

(5)  In any civil action for damages arising out of personal injury, wrongful death, or property damage when a streetlight provider's fault regarding the provision or maintenance of streetlights is at issue, if the streetlight provider responsible for providing or maintaining the streetlights is immune from liability pursuant to this section or is not a party to the litigation, such streetlight provider may not be named on the jury verdict form or be deemed or found in such action to be in any way at fault or responsible for the injury or death or damage that gave rise to the damages.

(6)  In no event shall a streetlight provider's noncompliance with the provisions of subsection (3) create a presumption of negligence on the part of the streetlight provider in any civil action for damages arising out of personal injury, wrongful death, or property damage.

(7)  In the event that there is any conflict between this section and s. 768.81, or any other section of the Florida Statutes, this section shall control. Further, nothing in this section shall impact or waive any provision of s. 768.28.

768.18  Definitions. - As used in ss. 768.16-768.26:

(1)  "Survivors" means the decedent's spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child's support.

(2)  "Minor children" means children under 25 years of age, notwithstanding the age of majority.

(3)  "Support" includes contributions in kind as well as money.

(4)  "Services" means tasks, usually of a household nature, regularly performed by the decedent that will be a necessary expense to the survivors of the decedent. These services may vary according to the identity of the decedent and survivor and shall be determined under the particular facts of each case.

(5)  "Net accumulations" means the part of the decedent's expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of her or his estate if the decedent had lived her or his normal life expectancy. "Net business or salary income" is the part of the decedent's probable gross income after taxes, excluding income from investments continuing beyond death, that remains after deducting the decedent's personal expenses and support of survivors, excluding contributions in kind.

768.21  Damages. - All potential beneficiaries of a recovery for wrongful death, including the decedent's estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged. Damages may be awarded as follows:

(1)  Each survivor may recover the value of lost support and services from the date of the decedent's injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor's relationship to the decedent, the amount of the decedent's probable net income available for distribution to the particular survivor, and the replacement value of the decedent's services to the survivor may be considered. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered.

(2)  The surviving spouse may also recover for loss of the decedent's companionship and protection and for mental pain and suffering from the date of injury.

(3)  Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other.

(4)  Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.

(5)  Medical or funeral expenses due to the decedent's injury or death may be recovered by a survivor who has paid them.

(7)  All awards for the decedent's estate are subject to the claims of creditors who have complied with the requirements of probate law concerning claims.

(8)  The damages specified in subsection (3) shall not be recoverable by adult children and the damages specified in subsection (4) shall not be recoverable by parents of an adult child with respect to claims for medical negligence as defined by s. 766.106(1).

768.28  Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs. -

768.71  Applicability; conflicts.

768.72  Pleading in civil actions; claim for punitive damages.

768.725  Punitive damages; burden of proof.

768.73  Punitive damages; limitation.

768.733  Bonds in class actions; limitations.

768.735  Punitive damages; exceptions; limitation.

768.736  Punitive damages; exceptions for intoxication.

768.737  Punitive damages; application in arbitration.

768.74  Remittitur and additur.

768.76  Collateral sources of indemnity.

768.78  Alternative methods of payment of damage awards.

768.79  Offer of judgment and demand for judgment.

768.81  Comparative fault.

768.73  Punitive damages; limitation. -

(2)(a)  Except as provided in paragraph (b), punitive damages may not be awarded against a defendant in a civil action if that defendant establishes, before trial, that punitive damages have previously been awarded against that defendant in any state or federal court in any action alleging harm from the same act or single course of conduct for which the claimant seeks compensatory damages. For purposes of a civil action, the term "the same act or single course of conduct" includes acts resulting in the same manufacturing defects, acts resulting in the same defects in design, or failure to warn of the same hazards, with respect to similar units of a product.

(b)  In subsequent civil actions involving the same act or single course of conduct for which punitive damages have already been awarded, if the court determines by clear and convincing evidence that the amount of prior punitive damages awarded was insufficient to punish that defendant's behavior, the court may permit a jury to consider an award of subsequent punitive damages. In permitting a jury to consider awarding subsequent punitive damages, the court shall make specific findings of fact in the record to support its conclusion. In addition, the court may consider whether the defendant's act or course of conduct has ceased. Any subsequent punitive damage awards must be reduced by the amount of any earlier punitive damage awards rendered in state or federal court.

(3)  The claimant attorney's fees, if payable from the judgment, are, to the extent that the fees are based on the punitive damages, calculated based on the final judgment for punitive damages. This subsection does not limit the payment of attorney's fees based upon an award of damages other than punitive damages.

(4)  The jury may neither be instructed nor informed as to the provisions of this section.

(5)  The provisions of this section shall be applied to all causes of action arising after the effective date of this act.

768.733  Bonds in class actions; limitations. -

(1)  In any civil action that is brought as a certified class action, the trial court, upon the posting of a bond or equivalent surety as provided in this section, shall stay the execution of any judgment, or portion thereof, entered on account of punitive damages pending completion of any appellate review of the judgment.

(2)  The required bond or equivalent surety acceptable to the court for imposition of the stay shall be the lower of:

(a)  The amount of the punitive-damages judgment, plus twice the statutory rate of interest; or

(b)  Ten percent of the net worth of the defendant as determined by applying generally accepted accounting principles to the defendant's financial status as of December 31 of the year prior to the judgment for punitive damages;

provided that in no case shall the amount of the required bond or equivalent surety exceed $100 million, regardless of the amount of punitive damages.

(3)  If, at any time after notice and hearing, the court finds that a defendant who has posted a bond or equivalent surety pursuant to subsection (2) is purposefully moving assets with the intent to avoid the punitive-damages judgment, the court shall increase the bond or equivalent surety to the amount determined pursuant to paragraph (2)(a). If the defendant does not post the additional bond required by the court, the stay shall be revoked.

768.734  Capacity to sue. -

(1)(a)  In any action asserting the right to class action status, the claimant class having capacity to sue shall be limited to residents of this state at the time of the alleged misconduct, except as provided in paragraph (b).

(b)1.  Before issuing a class certification order, the court hearing an action asserting the right to class action status may expand a class to include any nonresident whose claim is recognized within the claimant's state of residence and is not time barred, but whose rights cannot be asserted because the claimant's state of residence lacks personal jurisdiction over the defendant or defendants.

2.  In addition, the claimant class may include nonresidents if the conduct giving rise to the claim occurred in or emanated from this state.

(2)  Notwithstanding any law to the contrary, in order to maintain a class action seeking statutory penalties under chapters 320, 501, 520, and 521, the class action claimants must allege and prove actual damages. This section does not limit or restrict the ability of the Attorney General to bring a class action for the recovery of statutory penalties, if otherwise authorized by law. However, class action claimants may seek to obtain, if appropriate, nonmonetary relief, including injunctive relief, orders or declaratory relief, and orders or judgments enjoining wrongful conduct, regardless of whether the class action claimants can prove any actual monetary damages. This section does not in any way limit or restrict the availability of such nonmonetary relief.

(3)  This section does not affect any class action lawsuits involving federal or state civil rights laws.

768.735  Punitive damages; exceptions; limitation. -

(1)  Sections 768.72(2)-(4), 768.725, and 768.73 do not apply to any civil action based upon child abuse, abuse of the elderly under chapter 415, or abuse of the developmentally disabled. Such actions are governed by applicable statutes and controlling judicial precedent. This section does not apply to claims brought pursuant to s. 400.023 or s. 429.29.

(2)(a)  In any civil action based upon child abuse, abuse of the elderly under chapter 415, or abuse of the developmentally disabled, and involving the award of punitive damages, the judgment for the total amount of punitive damages awarded to a claimant may not exceed three times the amount of compensatory damages awarded to each person entitled thereto by the trier of fact, except as provided in paragraph (b). This subsection does not apply to any class action.

(b)  If any award for punitive damages exceeds the limitation specified in paragraph (a), the award is presumed to be excessive and the defendant is entitled to remittitur of the amount in excess of the limitation unless the claimant demonstrates to the court by clear and convincing evidence that the award is not excessive in light of the facts and circumstances that were presented to the trier of fact.

(c)  This subsection is not intended to prohibit an appropriate court from exercising its jurisdiction under s. 768.74 in determining the reasonableness of an award of punitive damages which is less than three times the amount of compensatory damages.

(d)  The jury may not be instructed or informed as to the provisions of this section.

(3)  This section is remedial in nature and shall take effect upon becoming a law.

768.78  Alternative methods of payment of damage awards. -

1768.81  Comparative fault. -

(3)  APPORTIONMENT OF DAMAGES.-In a negligence action, the court shall enter judgment against each party liable on the basis of such party's percentage of fault and not on the basis of the doctrine of joint and several liability.

(a)1.  In order to allocate any or all fault to a nonparty, a defendant must affirmatively plead the fault of a nonparty and, absent a showing of good cause, identify the nonparty, if known, or describe the nonparty as specifically as practicable, 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.

2.  In order to allocate any or all fault to a nonparty and include the named or unnamed nonparty on the verdict form for purposes of apportioning damages, a defendant must prove at trial, by a preponderance of the evidence, the fault of the nonparty in causing the plaintiff's injuries.

(b)  In a products liability action alleging that injuries received by a claimant in an accident were enhanced by a defective product, the trier of fact shall consider the fault of all persons who contributed to the accident when apportioning fault between or among them. The jury shall be appropriately instructed by the trial judge on the apportionment of fault in products liability actions where there are allegations that the injuries received by the claimant in an accident were enhanced by a defective product. The rules of evidence apply to these actions.

(4)  APPLICABILITY.-This section does not apply to any action brought by any person to recover actual economic damages resulting from pollution, to any action based upon an intentional tort, or to any cause of action as to which application of the doctrine of joint and several liability is specifically provided by chapter 403, chapter 498, 2chapter 517, 2chapter 542, or 2chapter 895.

1 Note. -

A. Section 2, ch. 2011-215, provides that "[t]he Legislature intends that this act be applied retroactively and overrule D'Amario v. Ford Motor Co., 806 So. 2d 424 (Fla. 2001), which adopted what the Florida Supreme Court acknowledged to be a minority view. That minority view fails to apportion fault for damages consistent with Florida's statutory comparative fault system, codified in s. 768.81, Florida Statutes, and leads to inequitable and unfair results, regardless of the damages sought in the litigation. The Legislature finds that, in a products liability action as defined in this act, fault should be apportioned among all responsible persons."

B. Section 3, ch. 2011-215, provides that "[t]his act is remedial in nature and applies retroactively. The Legislature finds that the retroactive application of this act does not unconstitutionally impair vested rights. Rather, the law affects only remedies, permitting recovery against all tortfeasors while lessening the ultimate liability of each consistent with this state's statutory comparative fault system, codified in s. 768.81, Florida Statutes. In all cases, the Legislature intends that this act be construed consistent with the due process provisions of the State Constitution and the Constitution of the United States."

2 Note. - Contains no readily apparent specific reference to joint and several liability.

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Statutes & Constitution :View Statutes : Online Sunshine

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The Florida Statutes The 2019 Florida Statutes CHAPTER 768 768.041  Release or covenant not to sue. 768.0415  Liability for injury to parent. 768.0425  Damages in actions against contractors for injuries sustained from negligence, malfeasance, or misfeasance. 768.043  Remittitur and additur actions arising out of operation of motor vehicles.

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The Accident Was Partly My Fault: Am I Still Entitled to Compensation?

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The Accident Was Partly My Fault: Am I Still Entitled to Compensation?

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The Accident Was Partly My Fault: Am I Still Entitled to Compensation?

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If you were injured in a collision and you think that the accident may have been partially your fault, you need to be careful about making…

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For more information on FDOT Distracted Driving related programs and grants, visit the Safety Office Distracted Driving page.
Distracted driving is one of the fastest-growing safety issues on the roads today. Distracted drivers aren't just a threat to themselves: they're a danger to everyone else on the road. The national distracted driving effort focuses on ways to change the behavior of drivers through legislation, enforcement, public awareness, and education.

For the past decade, distracted driving has taken U.S. roadways by storm, endangering not only the distracted drivers, but their passengers, pedestrians and others on the road - including bicyclists.

Life can present a lot of distractions and changes, but when we're behind the wheel we must be focused on one task: safe driving. Anytime you divert your attention from driving, you're distracted. This includes texting, talking, using your phone, adjusting the radio, setting your navigation, applying makeup, eating or drinking.

If you must send or receive a text, pull over to a safe location and park your car first.

If you have passengers, appoint a "designated texter" to handle all your texting.

If you can't resist the temptation to look at your phone, keep it in the trunk.

Texting, which includes messaging, is considered the most dangerous type of distracted driving because it combines visual, manual, and cognitive distraction.

Since 2007, drivers 16 to 24 years old have been distracted by devices at higher rates than other drivers, but we're all at risk for distracted driving crashes. Consider these tips for safe driving:

FDOT's Distracted Driving Program supports a variety of strategies that target individuals driving distracted. FDOT will also be supporting the campaign with distracted driving education and awareness efforts including radio, social media and video PSAs statewide. FDOT encourages motorists to use the free Florida 511 app before hitting the road for real-time traffic information. For more information, visit the Safety Office Distracted Driving page.

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Distracted driving is one of the fastest growing safety issues on the roads today. Distracted drivers aren't just a threat to themselves: they're a danger to everyone else on the road. The national distracted driving effort focuses on ways to change the behavior of drivers through legislation, enforcement, public awareness, and education.

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No matter how obvious it may be that the other driver was at fault, you still have to prove your case. In addition, the other party has an opportunity to tell their side of the story - a version of events that may be quite unexpected. If you need to pursue a legal claim, you should be prepared for challenges along the way. A knowledgeable auto accident attorney can help you navigate those challenges and get the compensation you need to make a full recovery from your accident.

Denying Liability

One of the most common ways to defend against claims is to simply deny liability. Strictly speaking, this is not a legal defense - they are just requiring you to prove your case. This can be frustrating, perhaps even insulting, if you have suffered a serious injury as a result of the accident. However, it is important to keep in mind that they are under no legal obligation to admit liability. The insurance company can make a determination of liability without their admission, but if they choose not to, you will then have to prove your claim in court. Working with an auto accident lawyer at the very outset of your case will give you the best chance of avoiding litigation and getting the compensation you need as quickly as possible.

Contesting Important Facts

This is closely related to denying liability and is also not a legal defense in the strictest sense. Regardless, a dispute over fundamental facts can prevent your case from settling and may require leaving it in the hands of the jury. An auto accident lawyer can help you gather the important facts as well as the evidence you will need to corroborate those facts so that your claim is as strong as possible.

Statute of Limitations

This is a legal defense but is somewhat unique in that it does not necessarily need to be raised by the defendant - it can also be raised by the court. The statute of limitations is the deadline by which you must file your case with the relevant court. If you have not filed a lawsuit prior to the expiration of the statute of limitations, your case will be time-barred. This means that you cannot proceed with your lawsuit no matter how strong your case is, how severe your injuries are, or how egregiously negligent the other driver may have been. In addition, insurance companies will not even consider your claim if the statute of limitations has already expired because there is then no legal obligation to pay your claim.

We anticipate a surge in cases where statute of limitations arguments are raised in defense of claims as a result of Florida reducing the statute of limitations from four years to two. If it has been close to two years since your accident occurred, we recommend that you contact an auto accident lawyer as soon as possible even if you are already in discussions with the insurance company.

Pre-existing Injury

In raising this defense, the other driver is essentially saying that they did not cause your injury because you were already injured. This defense is typically raised after a lawsuit has been filed and they have subpoenaed your medical records.

Do not panic if you had a prior injury that you re-injured or had a pre-existing injury that was made worse by the accident. Your case is not over, but it will complicate it somewhat. An experienced auto accident lawyer will know how to gather the evidence you need to show precisely how the accident impacted your prior injury and why you are now entitled to compensation. In most cases, the worst-case scenario is that it may reduce the compensation that is awarded to you.

Contributory or Comparative Negligence

Contributory negligence is a defense that argues that the injured party's own negligence contributed to causing the accident. The "pure" contributory negligence rule bars plaintiffs from receiving any compensation if their own negligence contributed to the accident to any degree whatsoever. In response, many states, including Florida, adopted the "comparative" negligence rule. Under the comparative negligence rule, a plaintiff's compensation would be reduced by the amount that their negligence contributed to the accident.

As a result of the recent tort reform, however, Florida now follows the "modified" comparative negligence rule. Under the modified comparative negligence rule, plaintiffs who are more than 50% responsible for the accident are barred from recovery. On paper, this may seem fair, but in reality, it can be difficult to apportion fault in such definite terms. In close cases, the modified comparative negligence rule can have disastrous consequences for seriously injured plaintiffs. If you believe that your own negligence may have contributed to the accident, we urge you to involve an auto accident lawyer as soon as possible in order to protect your rights.

How Legal Defenses Work

If the other driver raises a legal defense, there are two things that you need to keep in mind:

1. They have to submit evidence to prove the defense; and

2. You have the opportunity to submit evidence to challenge the defense.

To put it another way, the burden of proof is on the other driver when it comes to establishing the defense. If they are able to do that, then you have the opportunity to submit evidence that refutes the defense. This is another way that an auto accident attorney can help - they will know whether you can argue that they have failed to meet the burden of proof and what evidence you will need to refute the defense.

Talk to an Auto Accident Attorney at Powell, Powell & Powell Today

If you have been injured in a car accident, we know how to overcome the obstacles and get fair compensation for your injuries. To discuss your case and how we can help you put your accident behind you, today by calling 850-682-2757 to schedule your free consultation.

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An auto accident attorney from Powell, Powell & Powell discusses some of the most common legal defenses in car accident cases and what you should do if you encounter them.