Can a wrongful death suit be pursued if the deceased was partially at fault?

In California, a wrongful death suit can be pursued even if the deceased was partially at fault. This is known as comparative negligence. This means that the court will assess the amount of fault attributed to each party involved in the death. The court will then determine how much compensation is owed to those bringing the wrongful death suit. In some cases, the family of the deceased may still receive damages even if their loved one was partly to blame; however, the amount given in damages will be reduced depending on how much fault was attributed to the deceased. For example, if the deceased was found to be 50% at fault, the damages they would be entitled to would be reduced by half. It is important to note that comparative negligence only applies in states that follow a comparative negligence system. In states that follow a contributory negligence system, if the deceased is found to be even 1% at fault, they will not be eligible to receive any compensation.

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Can a wrongful death suit be pursued if the deceased was partially at fault?

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