Can I File a Wrongful Death Claim if the Deceased was Partially At Fault?

If the deceased was partially at fault in a wrongful death incident in Los Angeles, you may still be eligible to file a wrongful death claim. According to California’s comparative fault laws, compensation is possible even if the deceased shared some blame for the incident.

We recommend consulting with a seasoned Los Angeles wrongful death lawyer at J&Y Law to understand how partial fault affects wrongful death claims and maximize potential compensation. We have 60 years of combined experience that we can apply to your case.

Understanding California’s Comparative Fault Laws

While handling the challenges of a wrongful death claim in Los Angeles, it’s important to understand California’s comparative fault laws, which can greatly influence the outcome of your case. 

These laws, also known as comparative negligence, allow the court to assess the degree of fault of all parties involved in the incident. This fault assessment determines the percentage of responsibility each party bears for the deceased’s death. 

In California, the court will allocate fault as a percentage, and you’ll be awarded damages accordingly. For instance, if the court finds the deceased 20% at fault and the defendant 80% at fault, you’ll receive 80% of the total damages.

Proving Negligence When the Deceased had Partial Fault in a Wrongful Death Claim

When pursuing a wrongful death claim in Los Angeles, you’ll need to prove that the defendant’s negligence caused your loved one’s death. Here’s what to know:

Establishing Causation Link

In a wrongful death case, proving negligence is important, and establishing a causation link is a significant part of that process. You’ll need to show that the defendant’s actions or inactions directly caused the deceased’s death. 

This requires demonstrating a clear causal relationship between the defendant’s conduct and the fatal outcome. Legal precedents have established that this link must be more than just coincidental, it must be a direct result of the defendant’s negligence. 

Your attorney will work to gather evidence and build a strong case to prove this important connection. By doing so, you’ll be able to hold the responsible parties accountable for their actions and seek the compensation you need.

Determining Breach of Duty

Accountability hinges on proof of negligence, and determining breach of duty is an important step in building a wrongful death case. You’ll need to conduct a breach analysis to identify the specific actions or omissions that led to the deceased’s death. 

This involves a duty determination, where you’ll examine the defendant’s responsibilities and whether they failed to meet the expected standard of care.

A thorough breach analysis will help you establish the necessary link between the defendant’s actions and the fatal outcome. By doing so, you’ll strengthen your wrongful death claim even if the deceased was partially at fault and increase the likelihood of securing fair compensation.

Gathering Evidence Records

As you explore the specifics of your wrongful death case, gathering evidence and records becomes an important step in proving negligence. This involves collecting and preserving documents that support your claim, demonstrating how the defendant’s actions led to the deceased’s passing. To guarantee you’re on the right track, focus on the following:

• Medical records: Collect medical reports, autopsy results, and any other relevant health documents that detail the deceased’s injuries and treatment.
• Witness statements: Gather statements from anyone who witnessed the incident, including police reports, depositions, and testimony.
• Scene evidence: Preserve any physical evidence from the scene, such as photos, videos, or physical objects that may be relevant to the case.

The Role of Expert Witnesses in Los Angeles Partial Fault Cases

When you’re building a wrongful death case in Los Angeles, expert witnesses play an important role in establishing partial fault. 

Medical Expert Analysis

In partial fault cases, you’ll often find that medical expert analysis plays a significant role in determining the extent of a defendant’s liability. Medical testimony from experts can provide important insights into the cause of death, the severity of the deceased’s injuries, and the potential contributory negligence of the deceased.

Here are three areas where medical expert analysis can make a significant impact:

• Causation: Expert opinions can help establish whether the defendant’s actions caused the deceased’s death or if other factors contributed to the fatal outcome.
• Damages: Medical experts can provide evidence on the extent of the deceased’s suffering, which can influence the amount of damages awarded in a wrongful death claim.
• Comparative fault: Expert analysis can help allocate fault between the defendant and the deceased, which is important in partial fault cases where liability is shared.

Accident Reconstruction Experts

Even though the deceased was partially at fault, you can still file a wrongful death claim and receive a reconstruction of the accident to prove the other party’s negligence.

As you build your case, medical expert analysis lays the groundwork, but it’s not the only expert testimony that matters. Accident reconstruction experts play an important role in partial fault cases, providing objective analysis of the accident investigation. 

These experts use their knowledge of physics, engineering, and human factors to recreate the accident, identifying significant factors that contributed to the incident. Their expert testimony helps to establish the sequence of events, vehicle speeds, and other important details. 

Causation Opinion Testimony

Partial fault cases often involve complicated circumstances and expert witnesses play an important role in helping jurors understand the causal relationships between the defendant’s actions and the deceased’s fatal injuries. 

As you go through the challenges of a wrongful death claim, expert testimony can provide important insight into the causation analysis. Here are three significant aspects of causation opinion testimony to reflect on:

• Qualifications: Expert witnesses must meet stringent testimony standards, demonstrate experience in their field, and thoroughly understand the case facts.
• Objectivity: Experts must provide unbiased opinions, focusing solely on the evidence and avoiding speculation or conjecture.
• Causation analysis: Expert witnesses help jurors understand how the defendant’s actions (or inactions) contributed to the deceased’s fatal injuries, and to what extent.

Learn More About Wrongful Death Claims When the Deceased Had Partial Fault

As you pursue a wrongful death claim in Los Angeles, California’s comparative fault laws can impact the outcome. By understanding how partial fault affects wrongful death claims and working with a skilled attorney at J&Y Law, we can help you maximize your potential damages and hold responsible parties accountable for their actions. 

Contact us today for a free consultation.