If the deceased was partially responsible for the accident causing their death, there may still be compensation available. Contributory negligence is a principle that reduces the amount of damages recoverable for an injury or death by the degree of fault of the injured or deceased party as found by the court. This means that where, for example, the deceased was driving and was found to be 25% at fault for the accident, the damages awarded for their wrongful death would be reduced by 25%. If damages were assessed at $100,000, then $75,000 would be recoverable.
A lawyer will look at the evidence surrounding the accident causing death and argue that evidence to minimize the contributory negligence of the deceased where possible.
Have questions for our team?
Request a
Free Consultation
MacGillivray Law is a personal injury law firm with offices in Nova Scotia, New Brunswick, and Newfoundland and Labrador. We serve clients all across Canada.
If you cannot travel to one of our offices, we will accommodate your circumstances and travel needs. We can provide a consultation by phone, Zoom, or FaceTime, or travel to meet you in your home when required.
If you would like to learn your legal options at no obligation, contact us today to set up a free consultation.