This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

Damages Allocation in Florida

In Florida, damages are allocated according to each party’s percentage of fault under Fla. Stat. § 768.81. This statute governs how a court or jury apportions liability among multiple defendants and any plaintiff found partially at fault. The trier of fact assigns a percentage of fault to each party, and a defendant is jointly and severally liable only for the economic damages attributable to that defendant’s assigned share. A defendant’s liability for noneconomic damages is several only, meaning each defendant pays only the percentage of noneconomic damages corresponding to their fault. The official statute at the link below sets out the specific factors and exceptions. The worked example illustrates the allocation. Use the DocketMath calculator to estimate damages under your specific facts.

Governing authority

In Florida, the damages allocation rule is set by Fla. Stat. § 768.81. The verified packet cites Fla. Stat. § 768.81 (https://www.flsenate.gov/Laws/Statutes/2024/768.81).

Florida damages allocation: governed by Fla. Stat. § 768.81. The verified packet cites Fla. Stat. § 768.81 (https://www.flsenate.gov/Laws/Statutes/2024/768.81).

Estimate your own result: every situation has exceptions that can change the outcome. Use the damages allocation calculator to estimate your specific figure.

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.