What if the Defendant Claims the Deceased Was Partly at Fault? Advice from a Wrongful Death Lawyer
Yes—under comparative negligence, a finding that the deceased was partly at fault can reduce damages by that same percentage (and in some states can bar recovery at 50% or 51%). Defendants must prove the decedent’s share of fault with evidence, and your lawyer can challenge it through records, experts, and witness testimony. This article explains