Can You File a Wrongful Death Claim If the Deceased was Partially at Fault?

Determining liability in a wrongful death claim can be complex. Fatal accidents can involve a variety of factors; and, in many cases, identifying the specific factor (or factors) that are to blame for a victim’s tragic death can prove extremely complicated. But, determining fault is also extremely important, as this is a key first step toward holding the at-fault party (or parties) accountable. 

Sometimes, a, wrongful death claim will involve questions about whether the deceased may have played a role in causing the accident. Oftentimes, these questions come from the insurance companies. Even when families are dealing with tragic circumstances, the insurance companies will still fight to avoid liability by all means available—and, in many cases, this involves accusing victims of being partially at fault in their fatal accidents. 

Do Not Let the Insurance Companies Tell You that Your Loved One was Partially at Fault 

Under no circumstances should you let the insurance companies tell you that your loved one was partially at fault. Determining fault in a wrongful death claim requires a comprehensive investigation—and you need to engage a law firm to investigate your loved one’s fatal accident with your family’s best interests in mind. Unfortunately, if you rely on the insurance companies’ investigation, there is a good chance that you won’t get the full story. Even in a wrongful death claim, the insurance companies put their interests first, and they will focus on the facts that they can use to dispute liability. 

There are two aspects to assessing fault in a fatal accident. The first aspect is gathering all of the relevant facts. When you engage a wrongful death lawyer to represent your family, your family’s lawyer will conduct a thorough and unbiased investigation so that you have all of the information you need to make sound decisions about how to deal with your family’s situation. 

The second aspect is applying the law to the facts at hand. Even if it seems like your loved one may have been partially at fault, this might not actually be the case. For example, let’s say your loved one was killed in a fatal car accident and was driving 5 mph over the speed limit at the time of the collision. While the insurance companies might use this to argue that your loved one was partially at fault, the totality of the evidence might show that your loved one would have been killed even if he or she had been driving 5 mph slower. 

So, while you should not prematurely rule out the possibility that your loved one was partially at fault, you should not assume that your loved one was partially at fault, either. 

How Partial Fault Impacts a Wrongful Death Claim in Arkansas

Keeping this in mind, let’s say that a comprehensive investigation reveals your loved one was partially at fault in his or her fatal accident. What would this mean for your family’s legal rights? 

In Arkansas, if the deceased was partially at fault in a fatal accident, this can impact surviving family members’ wrongful death claim in one of two ways:

• If the Deceased was Less Than 50% at Fault – If the deceased was less than 50% at fault in his or her fatal accident, this will reduce the amount that eligible family members are entitled to recover. In these cases, the amount of compensation awarded is reduced in proportion to the deceased’s percentage of fault. For example, if the deceased is deemed 10% at fault, eligible family members would be entitled to recover 90% of the damages that would have otherwise been awarded. 
• If the Deceased was 50% or More at Fault – If the deceased was 50% or more at fault in his or her fatal accident, this precludes any financial recovery under Arkansas’s modified comparative negligence law. As a result, the difference between 49% and 50% is huge, and insurance companies will often seek to avoid liability entirely by arguing that a victim and another at-fault party are equally to blame. 

Again, if you are coping with the tragic loss of a loved one, it is important not to make any assumptions about your family’s legal rights. To ensure that you are making informed decisions based on an accurate understanding of the facts and the law, you should seek advice from an experienced Arkansas wrongful death lawyer as soon as possible.

Talk to a Wrongful Death Lawyer for FREE 

If you need to speak with an Arkansas wrongful death lawyer about your family’s legal rights, we encourage you to contact us promptly. If you fail to act in time, you may lose your opportunity to recover the justice and compensation you deserve in a wrongful death claim.

Contact the experienced wrongful death lawyers at Oliver Law Firm today online or at (479) 202-5200 for a FREE case evaluation. We serve clients across Arkansas and throughout the United States from our office in Rogers, AR.