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The impact of comparative negligence in wrongful death claims

On Behalf of | Feb 5, 2025 | Wrongful death |

Like many other states, Minnesota follows the modified comparative negligence rule. With it, a person filing a claim (plaintiff) can only recover compensation from the at-fault party (defendant) if they are less than 50 percent responsible for the event in question. 

Moreover, this system assigns a percentage of fault to each party. For plaintiffs, their percentage can determine the amount of compensation they receive. 

However, comparative negligence is not as simple as it may seem, especially in wrongful death cases. If your family is facing this situation, below is some important information that can help you move forward. 

How can comparative negligence affect your wrongful death claim? 

When both the victim and the accused played a role in the car accident, it is generally up to a judge and jury to determine each party’s percentage of fault. 

Suppose a victim crossed the street while the traffic light was green. This negligent action contributed to the accident. However, the driver who hit them was also speeding and texting before the collision occurred. A jury might deem the victim 20 percent at fault and the driver 80 percent at fault. 

If the damages amount to $100,000, the victim’s family would receive $80,000. However, if the victim is more than 50 percent responsible, their family may not receive any compensation. 

What if there are multiple defendants? 

Two or more people can be liable for an accident, and the comparative fault rule will apply just the same. The court will assign each party, including the victim, a percentage of liability.  

How can you maximize your recovery? 

The first challenge in comparative fault cases is determining the liability of each party. If you believe your loved one played a minimal role in the accident, it is advisable to collect strong evidence to support your claim, such as: 

  • Witness statements 
  • Photos and videos 
  • Law enforcement records 
  • Expert testimony 

Not having your loved one’s side of the story can make it difficult to recreate the accident, but other evidence may suffice. 

A lawyer’s guidance can also be invaluable. Legal counsel can help you collect evidence, compare each party’s fault and seek the compensation your family deserves. 

Losing a loved one is undoubtedly devastating, but with proper legal action, you can help ensure the persons responsible answer for their negligence. 

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