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

Yes, a wrongful death suit can be pursued if the deceased was partially at fault in Nebraska. In Nebraska, if two or more persons share fault for an injury or death, each party’s liability will be determined by their degree of fault. This is often referred to as “comparative fault” or “comparative negligence.” If the deceased was partially at fault, their responsibility for the injury or death can be taken into account when determining the liability of another party. For example, if the deceased was 25% responsible for their own death, then the remaining 75% of liability rests on the other party or parties. If the deceased was more than 50% at fault for their own death, then the other party’s liability is decreased or eliminated. In other words, even if the deceased was partially at fault for their own death, their family or estate can still pursue a wrongful death suit in Nebraska. The deceased’s degree of fault will be considered in determining liability. It is important to note however, that the amount of damages awarded may be reduced depending on the percentage of fault the deceased holds.

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

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