Can I File A Wrongful Death Lawsuit If My Loved One Was Partially At Fault For Their Death?

We often get the question of whether or not a person can file a wrongful death lawsuit when the decedent, the family member, was partly at fault for causing the accident, and the answer is yes.

A family member can file a wrongful death lawsuit even if the decedent was partly at fault. In Colorado and Wyoming, we have what’s called modified comparative fault, and if the decedent is not more than 50% responsible, then you, as the family member, can still recover on a wrongful death claim.

If you have any questions about a wrongful death claim or you’re experiencing the wrongful death of a loved one, please give us a call.

We’re happy to talk to you about potential issues of comparative fault, comparative negligence, and how that could impact your personal injury or wrongful death claim.