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 the state of New York. This is determined by the legal concept of comparative negligence. Comparative negligence looks at the percentage of fault by each involved party to determine if someone is liable for wrongful death. In New York, this is known as ‘pure comparative negligence.’ This means that regardless of how much fault a deceased person had in the accident, a wrongful death suit can still be pursued. However, the award of damages will be reduced according to the amount of fault that a deceased person had in the accident. For example, if a deceased person is found to have been 25 percent at fault in the accident, then the award of damages will be reduced by 25 percent. This means that the court will assign a dollar amount to the damages that would have been owed if the deceased was not at fault, and then reduce that amount by the percentage of fault from the deceased. Overall, it is possible to pursue a wrongful death suit for a deceased person, even if they had responsibility in the accident. Depending on the percentage of fault, the award of damages may be reduced. However, in the state of New York, this does not prevent the family of the deceased from seeking justice in a court of law.

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

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