general, the ability to file a wrongful death lawsuit when the deceased was partially at fault depends on the jurisdiction and the specific circumstances surrounding the case. While it is possible to file a wrongful death claim even if the deceased was partially at fault, the outcome and potential recovery may be affected.
In some jurisdictions, the concept of comparative negligence or contributory negligence may come into play. These legal doctrines determine how fault is allocated between parties involved in an accident or incident. Under comparative negligence, the damages awarded to the plaintiff may be reduced based on the percentage of fault assigned to the deceased. For example, if the deceased was found to be 30% at fault, the damages awarded in the wrongful death lawsuit may be reduced by that percentage.
On the other hand, in jurisdictions that follow the contributory negligence doctrine, if the deceased is found to be even slightly at fault, the surviving family members may be barred from recovering any damages in a wrongful death lawsuit.
It is important to consult with an attorney who specializes in wrongful death cases in your specific jurisdiction to understand the laws and regulations that apply to your situation. They can provide guidance on whether you have a valid claim and the potential outcomes based on the circumstances of the case.