FL · jury_instructions
Fla. Std. Jury Instr. (Civ.) 412.9
DEFENSE ISSUE
If, however, the greater weight of the evidence supports (claimant’s) claim, then you shall consider the defense raised by (defendant). The issue for you to decide on that defense is whether (claimant) intentionally, willfully, wantonly or with reckless indifference to the rights of others caused or contributed to causing the injury of (name).
If the greater weight of the evidence supports that defense, then your verdict should be for (defendant). If, however, the greater weight of the evidence does not support that defense and does support (claimant’s) claim, your verdict should be for (claimant) and you should determine by your verdict what percentage of the total negligence of (name the parties other than the injured plaintiff) you apportion to each of them.
(Revised February 1, 2018.)
413 CLAIM FOR PERSONAL INJURY PROTECTION INSURANCE (PIP) BENEFITS (MEDICAL BENEFITS ONLY)
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-08-18
- Edition
- 2026-08-18
- Content hash
e84d055ab5ba81add23db6de7864d287f3be6297c7a026287b3c08ef31b7c217
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