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

Yes, a wrongful death suit can be pursued even if the deceased was partially at fault in the incident leading to their death in the state of Washington. This is known as “comparative negligence” which means that the responsibility of the person who died and the responsible party will be assessed in order to determine the amount of damages to be awarded. Washington uses a “comparative negligence” system that allows causes to lay blame on the decedent for a portion of the damages. Under this system, if it can be established that the decedent was only partially to blame for their death, the amount of damages that can be awarded is reduced accordingly. For example, if the decedent was found to be 30% at fault and the defendant was found to be 70% at fault, then the plaintiffs would only be able to recover 70% of the total damages. This is an important consideration for filing wrongful death lawsuits in the state of Washington, as the court will need to determine the amount of fault, if any, that the decedent had in the incident that led to their death. Furthermore, if the decedent is found to be partially at fault, the damages award may be significantly reduced, so it is important for family members to understand this law when pursuing a wrongful death claim.

Related FAQs

Can a wrongful death case be based on a criminal charge?
What is a survivorship action?
Are wrongful death cases handled in civil or criminal court?
How does a wrongful death lawsuit affect the estate of the deceased?
Are there other kinds of legal action that may be brought in a wrongful death case?
Are wrongful death damages different from compensatory damages?
Are compensatory damages available for a wrongful death claim?
What is a wrongful death action?
Can a wrongful death claim be reopened after it has been settled?
Who can be held liable for a wrongful death?

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

Related FAQs

Related Blog Posts