FL · jury_instructions
Fla. Std. Jury Instr. (Civ.) 502.15
WRONGFUL DEATH DAMAGES: INTRODUCTION — CASES APPLYING SECTION 9, CHAPTER 2023-15
a. When directed verdict is given on the claimant’s cause of action and there is no issue of comparative negligence by the decedent or survivor:
You should award (decedent’s) personal representative an amount of money that the greater weight of the evidence shows will fairly and adequately compensate (decedent’s) estate and (decedent’s) survivors for their damages, including any damages that the estate and the survivors are reasonably certain to incur or experience in the future.
b. All other cases:
[If your verdict is for (defendant(s))] [or] [[If] [if] you have assigned greater than 50% of any [negligence] [fault] to [(decedent)] [or] [(survivor(s))], you will not consider the matter of damages. But [if the greater weight of the evidence supports (personal representative’s) claim] [and] [if you have assigned 50% or less of any [negligence] [fault] to [(decedent)] [or] [(survivor(s))] for [his] [or] [her] own harm, you should determine and write on the verdict form, in dollars, the total amount of [loss] [injury] [or] [damage] which the greater weight of the evidence shows the estate of (decedent) and [his] [her] survivors sustained as a result of [his] [her] injury and death, including any damages that the estate and the survivors are reasonably certain to incur or experience in the future.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-08-18
- Edition
- 2026-08-18
- Content hash
b9753d6de9a0b7394abab6696822ee12f99e73f4f64dcbdac4335bfb4b48061b
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