Can You Sue for Wrongful Death if the Victim Was Partially at Fault?

Can You Sue for Wrongful Death if the Victim Was Partially at Fault?

Yes, you can still sue for wrongful death even if the victim was partially at fault, but the amount of compensation you receive may be reduced.

The grief of losing a loved one unexpectedly can be heart-wrenching. When that loss stems from another person’s carelessness, the emotional toll is even greater. But what happens if the person who died may have contributed in some way to the accident? Can their family still hold the other party accountable through a wrongful death lawsuit?

In Texas, the answer is generally yes. However, the rules about shared fault can make these claims more complex. This blog post will guide you through the key issues surrounding wrongful death claims involving partial fault, so you can understand your options and make informed decisions during this difficult time.

Wrongful death cases with shared fault are complex, but families still have a path to justice—especially with the help of a wrongful death lawyer.

Understanding Wrongful Death in Texas

A wrongful death claim arises when someone dies due to the negligent, reckless, or intentional act of another person or entity. This type of civil lawsuit allows the surviving family members to seek compensation for the emotional and financial impact of their loss.

Under Texas law, certain close family members, including the spouse, children, and parents of the deceased, may be eligible to file a wrongful death claim. The compensation (or “damages”) in these cases can include:

• Funeral and burial expenses
• Lost earning capacity
• Loss of companionship and support
• Mental anguish and emotional suffering
• Medical expenses related to the injury

Wrongful death lawsuits are not about punishing the at-fault party (that’s the role of the criminal justice system), but rather about helping surviving family members cope with the devastating loss and hold the responsible party civilly accountable.

What Happens If the Victim Was Partially at Fault?

Texas follows what is known as a modified comparative fault rule with a 51% bar. This means that:

• A person can still recover damages in a civil case as long as they were not more than 50% at fault.
• If the deceased was found to be 51% or more at fault, their family cannot recover compensation in a wrongful death lawsuit.
• If the deceased was 50% or less at fault, their family can still receive compensation, but the total amount will be reduced by the percentage of fault assigned to the deceased.

Let’s break that down with a few examples:

• Example 1:
  If the deceased was found to be 20% at fault in a fatal car accident, the compensation awarded to the family would be reduced by 20%. So, if the damages totaled $500,000, the family could receive $400,000.
• Example 2:
  If the deceased was found to be 60% responsible, the family would receive nothing, even if the other party was still 40% responsible.

This comparative fault system can make wrongful death cases particularly sensitive and difficult to navigate, especially when multiple parties are involved.

How Is Fault Determined in Wrongful Death Cases?

Determining who is at fault—and to what extent—is a critical part of any wrongful death case. This determination is based on evidence such as:

• Police reports
• Eyewitness testimony
• Expert analysis (e.g., accident reconstruction)
• Medical records
• Surveillance footage
• Photographs of the scene

Because the victim is not alive to share their side of the story, it becomes even more important to carefully analyze all available evidence. In many cases, the other side (such as an insurance company or defense attorney) may try to shift as much blame as possible onto the deceased in an attempt to reduce their own liability.

That’s why it’s essential to have a strong legal advocate who can thoroughly investigate the facts, challenge unfair allegations, and present a compelling case for accountability.

Common Scenarios Where Shared Fault Might Arise

There are many situations in which a wrongful death case may involve shared responsibility. Here are a few common examples:

• Car Accidents

Suppose a driver runs a red light and hits another vehicle, but the person who died was not wearing a seatbelt. The defense might argue that the victim’s failure to wear a seatbelt contributed to the severity of their injuries.

• Pedestrian Accidents

If a pedestrian was jaywalking at the time they were struck by a speeding car, both parties could be assigned a share of the blame.

• Workplace Accidents

An employer might be primarily at fault for unsafe working conditions, but may argue that the deceased failed to follow safety protocols.

• Medical Malpractice

A doctor may have made a fatal error, but the hospital could claim the patient didn’t follow post-operative instructions, contributing to their decline.

Each of these scenarios illustrates how quickly a wrongful death case can become a complex matter of assigning percentages of blame.

Why These Cases Require Skilled Legal Representation

Wrongful death lawsuits are emotionally charged, especially when there’s an attempt to blame the deceased for what happened. For grieving families, this can feel like an added insult to their already devastating loss.

In addition to the emotional difficulty, the legal issues are often complicated. A successful wrongful death claim involving partial fault must address several key challenges:

• Accurately determining fault through a thorough investigation
• Countering arguments made by the defense that shift blame to the deceased
• Calculating damages that account for reduced compensation due to shared fault
• Presenting evidence and expert testimony to support the family’s claim

Even the slightest misstep in presenting your case could lead to a lower settlement, or worse, a complete loss of the right to recover any compensation.

That’s why most families choose to work with experienced personal injury attorneys who understand the nuances of Texas law and are prepared to go the distance for justice.

Next Steps for Families Considering a Wrongful Death Claim

If you’ve lost a loved one and believe another person or company was at fault, even in part, it’s crucial to act quickly. Texas law imposes strict time limits on wrongful death claims. In most cases, the deadline (or statute of limitations) is two years from the date of the person’s death. If you miss this deadline, your right to sue may be permanently lost.

Early action also allows your legal team to:

• Preserve critical evidence
• Interview witnesses while their memories are fresh
• Prevent the other party from manipulating the narrative or hiding evidence

Don’t wait to find out if you have a case. Even if the circumstances are unclear, an attorney can help you understand your legal options and whether shared fault may affect your ability to recover compensation.

Legal Strategies for Navigating Partial Fault in Wrongful Death Claims

When fault is shared in a wrongful death case, the outcome often hinges on the strength of your legal strategy. The burden is on the plaintiff, the surviving family, to prove that the defendant’s actions were the primary cause of death, even if the deceased played a minor role in the incident. That’s where strategic legal planning becomes crucial.

Gathering Persuasive Evidence

The first step in building a compelling case is conducting a comprehensive investigation. Attorneys often work with investigators and accident reconstruction specialists to establish the timeline and causation of the incident. This includes collecting:

• Expert testimony to validate the extent of the deceased’s responsibility (or lack thereof)
• Surveillance footage or dash cam videos to demonstrate how events unfolded
• Witness statements that may corroborate your version of events
• Electronic data such as phone records, GPS logs, or vehicle black boxes
• Medical examiner reports that may show the injuries were not survivable regardless of the victim’s behavior

This proactive approach helps shift the focus back to the primary negligent party and reduce the impact of the victim’s alleged fault.

Challenging Defense Tactics

Defense attorneys and insurance adjusters are trained to minimize payouts. One of their most common tactics in wrongful death cases is to blame the victim. They may argue, for example, that the deceased made an error in judgment or violated a safety rule.

Experienced plaintiffs’ attorneys are ready to challenge these claims, often by:

• Highlighting inconsistencies in the defense’s narrative
• Pointing out legal obligations the defendant failed to meet
• Using comparative fault laws to limit the impact of minor negligence by the deceased

An effective legal strategy doesn’t just defend the victim’s reputation. It actively dismantles the other side’s arguments and steers the case back to what matters: accountability and justice.

Family Rights in Texas Wrongful Death Cases

When someone dies in a preventable accident, their close family members may have the right to bring a wrongful death claim—even when partial fault is a factor. In Texas, those eligible to file a claim typically include:

• The surviving spouse
• Children (biological or legally adopted)
• Parents of the deceased

These individuals may file the claim individually or together. If the immediate family does not file within three months of the date of death, the executor or personal representative of the estate may pursue the claim on behalf of the estate unless the family expressly requests otherwise.

This is important because it means the ability to seek justice doesn’t necessarily end if a family is unsure or hesitant in the early days of grief. There is a legal structure in place to protect the right to pursue a claim, though acting sooner is always advantageous.

Damages Still Available in Shared Fault Cases

Even if the court finds the deceased partially at fault (but not more than 50%), surviving families can still recover a range of damages. These can be both economic and non-economic, such as:

Economic Damages

• Loss of financial support: Especially relevant if the deceased was a primary wage earner
• Funeral and burial expenses: Often significant, particularly in sudden or traumatic deaths
• Medical expenses: Related to care provided before death, including emergency treatment
• Loss of inheritance: The present value of assets the deceased would likely have left behind

Non-Economic Damages

• Mental anguish: Compensation for the emotional pain of losing a loved one
• Loss of companionship and society: Reflects the loss of love, guidance, and support

Each case is different, and the specific damages available will depend on the facts surrounding the death, the relationships of the survivors to the deceased, and how much responsibility is attributed to each party.

Proving the Value of Your Loss

In wrongful death cases, especially when partial fault is in play, it’s not enough to simply show that someone died, you must demonstrate how that loss has affected the family, financially and emotionally. This often involves:

• Testimony from surviving family members about their relationship with the deceased
• Documentation of financial dependence, such as tax returns and employment records
• Expert analysis to forecast future lost earnings and calculate non-economic damages

The defense may try to downplay your suffering or argue that your loved one’s actions reduce your right to compensation. A seasoned attorney can push back with evidence that shows the full impact of your loss and why you still deserve justice.

How Lorenz & Lorenz, PLLC Can Help

At Lorenz & Lorenz, PLLC, we understand that losing a loved one is one of the most painful experiences anyone can endure. When that loss is caused, even in part, by someone else’s negligence, you deserve answers and accountability.

Our experienced wrongful death attorneys are here to help Texas families in Austin, Waco, Killeen, Temple, and throughout the state. We know how to handle the details of shared fault cases and are committed to protecting your rights under Texas law.

Why Families Trust Us:

• We treat you like family: Your case is our priority from day one.
• We’re here 24/7: Reach out to us any time, day or night, weekday or weekend.
• You pay nothing unless we win: Our no-fee promise means there’s no risk to you.
• We come to you: If you’re unable to visit our offices, we’ll meet you where you are.

We’ve recovered over $500 million in settlements and verdicts for our clients. More than just numbers, these results represent real families who found support and justice after unthinkable loss.

Contact us today at (512) 477-7333 or through our online form for a free case consultation. Let’s fight for your family together.

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