Comparative Negligence in a Wrongful Death Claim

September 5, 2023

When a family member or loved one dies as a result of an accident, negligence, or an intentional act, one of the surviving family members can be appointed to serve as the representative of the Estate for purposes of filing a wrongful death claim for damages incurred by the deceased. The Estate must prove that whatever incident and negligence by another resulted in the death of the family member or loved one..

If you have suffered an injury or lost a loved one due to the negligence of another party, a wrongful death claim could be an option for you to recover financially. Seek the guidance of a wrongful death attorney in Cincinnati to find out more.

What is Comparative Negligence?

Comparative negligence allows the Estate to recover damages reduced by the deceased’s own negligence. This will come up if the defendant claims the deceased’s own negligent actions contributed to the incident that caused their death. Meaning both parties would be at fault.

Before comparative negligence was put into law in Ohio, we had something called contributory negligence. Under the old law, if you were negligent at all in an accident and were injured, you could not recover your loss. This was true even when your negligence was minor in comparison to the other driver.

Under comparative negligence, the decedent and the other party may share the cost of damages from an accident in proportion to each party’s share of negligence. You can recover your damages minus the percent caused by your own negligence if it’s judged to be 50 percent or less. If you’re more than 50 percent negligent, you may not recover any losses.

Comparative Negligence in a Wrongful Death Case

In a wrongful death suit, if the decedent was partly at fault, then the percentage of his or her negligence will reduce the amount of damages the decedent’s estate or the survivors may receive. If a particular survivor’s negligence contributed to the accident, the damages he or she receives will be reduced by their percentage of liability.

Wrongful Death Attorney

Comparative negligence is just one of many claims or defenses a defendant may make in a wrongful death case. For this reason, it is important to seek the representation of an experienced wrongful death attorney near Cincinnati to help you navigate your case.

At The Richards Firm, we have the skill and knowledge needed to maximize your recovery of damages for the loss of a loved one and ultimately hope to help you move forward in this difficult time of loss.

We can be reached at 513-868-2731, ext. 219 or visit us at https://richardsinjuryfirm.com.