In wrongful death claims, determining liability is often complex, especially when multiple parties share responsibility for the incident. One important concept in these cases is comparative negligence, which can significantly affect the outcome of a claim.
What is comparative negligence?
Comparative negligence measures each person’s percentage of blame in an accident. This method assigns a fault percentage to everyone involved, including the deceased. These percentages are critical as they decide how much the victim’s family will receive.
For example, if the court finds that the deceased was 30% responsible for the accident, the total damages awarded to the surviving family members drop by that percentage. So, if the total damages were $100,000, the family would receive $70,000 after the reduction.
Broader concerns for accident victims
Families facing a wrongful death deal with several challenges:
- Insurance issues: Insurance companies might use comparative negligence claims to lower settlement amounts. They may argue that the victim was partially at fault, reducing their liability and the compensation offered.
- Medical bills: Families often struggle with large medical bills incurred before the victim’s death. These bills can accumulate rapidly, leaving the family with significant financial stress during an already difficult time.
- Lost wages: The loss of income and potential future earnings can strain the family. This financial strain can make it challenging to cover daily expenses and plan for the future.
- Emotional impact: The psychological effects on the family, such as grief, are profound and long-lasting.
Navigating legal challenges
A solid grasp of comparative negligence is crucial for families dealing with wrongful death claims. This knowledge helps anticipate potential issues and manage financial and emotional difficulties as they arise.
