This is a deliberate design limitation: accidental deaths in duels add an absolute world of edge cases (not to mention the extra outcomes that now every instance of duelling needs to account for) and discourage people from engaging in duels without solid prowess.
Were we to change this, it'd likely be by simply making berserkers unable to use their trait's special move in non-lethal duels, though that's a pretty valid note by itself tbh.
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