Posted in Wrongful Death on June 12, 2025
When a person dies in an accident in which someone else was negligent, it may be possible to recover compensation through a Long Beach wrongful death lawsuit. States have their laws governing how a case in which the deceased was partially to blame should be handled.
In some states, being held as little as 1% responsible for an accident may bar surviving relatives from claiming a settlement. Other states allow claims as long as the deceased person was not more than half at fault.
In California, on the other hand, anyone who contributed to a wrongful death pays a share of the compensation. The percentage of fault attributed to the deceased person is deducted from the overall settlement to account for their share of liability.
Clarifying How Shared Fault Works in Southern California
California’s provisions for shared fault can be found in Section 1714 of the California Civil Code and in judicial precedent. Section 1714 states that responsibility is shared based on fault or negligence. The correct term for California’s approach to shared fault is “pure comparative negligence.”
An example illustrates how this works in practice. Supposing the deceased was 60 percent to blame for an accident, but another party or parties are 40 percent to blame, 40 percent of the total damages would be recoverable in a wrongful death lawsuit. If those who were 40 percent to blame for the accident were harmed, on the other hand, they may sue the deceased person’s estate for 60 percent of the damages they suffered.
Determination of Fault is Crucial to Wrongful Death Lawsuits in California
In any wrongful death and personal injury lawsuit in Long Beach, determining who was to blame, who shares blame, and to what extent they are responsible is key. It can be relatively easy to determine fault in some accidents. However, if there is any factor that might indicate that an accident victim has a larger share of the blame than initially suggested, it is sure to be raised by defendants or their insurers.
Other accidents are extremely complex, with several parties, including a deceased person, sharing some level of fault. Although there are mechanisms that an experienced legal professional can use to calculate percentages of fault, their findings and the factors they are based on may be contested.
In Wrongful Death Cases Where the Deceased Was Partially at Fault, Representation is Recommended
Because fault is such a contentious issue, it requires skilled handling to ensure that the deceased is not allocated more than their fair share of fault. In citizens’ advice guides, California courts recommend that plaintiffs work with a lawyer when harm is severe or fault is uncertain.
A legal professional should be willing to investigate the case thoroughly, searching for evidence to support surviving family members’ wrongful death lawsuits. Wrongful death claims frequently involve large sums to compensate close family for their loss. These cases are often decided in court. Claimants should retain lawyers with in-depth knowledge of this field of law to ensure that they receive just compensation.