How Comparative Fault Can Affect A Wrongful Death Claim

Wrongful Death Lawyer

When somebody has died because of an accident or deliberate act of harm, the executor otherwise known as the personal representative of the deceased person’s estate can sue for damages that was suffered by the family members who survive the decedent. A wrongful death lawyer is going to be able to help you with your wrongful death claim.

A wrongful death claim requires proving that the accident caused the other person’s death, and that that accident was indeed caused by negligence or a deliberate act of harm. These are key components to proving that somebody was at fault, and therefore being able to claim compensation for somebody’s death due to the negligence of someone else.

Your wrongful death lawyer in southeast WA is going to warn you that the defendant in the lawsuit can counter that any wrongdoing that led to the accident could have been caused by the decedent or one of the decedent survivors and this is a very common attempt to play the blame game, shifting blame back on to the victim and the victim’s family instead of accepting blame and fault themselves.

Your wrongful death lawyer in southeast WA is going to be prepared to counter this, with proof that cannot be disputed. In most wrongful death cases, comparative fault can come into play. Comparative fault is where all the parties involved, including the decedent, are looked after for the amount of negligence that they were responsible for in the accident. Even though the decedent died, if they were at fault prior to the incident, the remaining family members and friends may find their compensation is lessened by the amount of fault that was found to be the decedent’s.

A system that uses comparative negligence or comparative fault means that the jury is assigning blame to each person involved. This is typically a percent amount, and when the jury has determined the full amount of compensation that could be received, the decedent or the survivor’s comparative fault is removed from that total amount. Whereas the defendant in the claim being found at fault may find money is being added to what they would have to pay.

You should talk to your wrongful death lawyer in Southeast WA if you have any questions about comparative fault and how it can affect your wrongful death case. An example of comparative fault play is if you could be awarded $100,000 but you, the plaintiff, are 75% liable while the defendant is only 25% liable, then the verdict against that defendant is going to be reduced from $100,000 to $25,000. This will be fair in the comparative fault laws because you are primarily at fault for your own accident where you were injured, and you are accepting the blame by accepting a lower payout that has been adjusted according to the amount of bullying that you played.