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

Yes, in Virginia, a wrongful death suit can be pursued even if the deceased was partially at fault. This is because the Commonwealth of Virginia has what is known as a "comparative negligence" rule regarding wrongful death and other personal injury suits. Under this rule, the negligence of both the deceased and the party responsible for their death are compared. If it is determined that the party responsible for the death was more culpable than the deceased, then the family or other survivors of the deceased may be able to pursue a wrongful death suit. In addition, the amount of any damages awarded may be reduced if the deceased was found to be partially liable for his or her own death. For example, if the court finds that the deceased was 30 percent liable for their own death, then the damages awarded to the family would be reduced by 30 percent. It is important to note that wrongful death claims must be brought within two years of the death, or else they may be barred. Additionally, not all deaths can be the basis of a wrongful death claim; the death must be caused by another party whose negligence or intentional wrongdoing resulted in the death.

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

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