Losing a loved one is never easy, and the grief only deepens when the loss happens due to someone else’s negligence. But what happens when more than one party is to blame for your loved one’s death? Wrongful death cases involving multiple liable parties can be emotionally exhausting and legally complex. Knowing your rights, understanding how liability is determined, and seeking the help of a skilled attorney can make all the difference in your fight for justice.
How Wrongful Death Cases Become Complicated
When accidents or incidents involve more than one person or entity at fault, things quickly become complicated. Multiple liable parties can arise in various situations, including:
1. Car Accidents
A collision involving multiple vehicles could mean that several drivers acted negligently.
2. Medical Malpractice
A surgeon, a nurse, and hospital could collectively contribute to a tragic outcome.
3. Defective Products
The manufacturer, distributor, and retailer of a faulty product could all share responsibility.
4. Workplace Accidents
A subcontractor, equipment supplier, or employer might all bear some blame for unsafe working conditions.
Each of these scenarios has one thing in common: untangling who is responsible requires thorough investigation and legal expertise. Failing to correctly identify all the liable parties could result in missing out on the justice and compensation you and your family deserve.
Determining Liability in a Wrongful Death Case
Establishing liability in a situation where multiple parties are at fault requires careful evaluation of evidence. Here are some of the key factors that come into play:
1. Duty of Care
First, whether each party had a duty of care toward your loved one must be determined. For example, drivers must follow traffic laws, and hospitals must provide competent medical care.
2. Breach of Duty
Next, it needs to be shown that the parties in question violated their duty of care. Did they act negligently, recklessly, or carelessly?
3. Causation
Proving causation can be tricky when more than one party is involved. You’ll need to show how their actions (or inactions) contributed to the fatal incident directly or indirectly.
4. Division of Fault
Once liability is established, the court may apportion fault among the responsible parties. This is often expressed as percentages. For instance, one party might be found to be 70% responsible, while another bears 30%.
This division of fault directly impacts the compensation awarded to the deceased's family. For example, if a settlement is reached for a specific amount, each party might pay their share based on their percentage of fault.
The Role of a Personal Injury Attorney in These Cases
When dealing with the complexities of a wrongful death case, having an experienced personal injury attorney by your side can be a game changer. Here’s how they can help:
1. Conducting a Comprehensive Investigation
Your attorney can thoroughly investigate the circumstances surrounding your loved one’s death, collecting critical evidence like accident reports, witness statements, medical records, and more.
2. Identifying All Responsible Parties
A qualified attorney has the expertise to uncover every party that may hold liability—even those not immediately obvious, such as a third-party contractor or manufacturer.
3. Navigating Legal Complexities
Cases involving multiple defendants can be overwhelming. Different rules might apply to various parties, especially if governmental entities are involved. A personal injury lawyer understands how to handle these complexities.
4. Building a Strong Case
Your attorney will work with experts, such as accident reconstruction specialists, medical professionals, or engineers, to strengthen your case and convincingly demonstrate liability.
5. Negotiating or Litigating on Your Behalf
Whether through negotiation or courtroom litigation, your lawyer will fight to ensure you receive fair compensation for funeral expenses, medical bills, lost income, pain and suffering, and more.
6. Providing Emotional Support
Beyond their legal expertise, attorneys understand the emotional toll these situations take. They can offer compassionate guidance throughout a difficult process, ensuring you feel supported and informed every step of the way.
Practical Tips for Families Dealing with a Wrongful Death
If you’ve lost a loved one and believe multiple parties may be responsible, here are some steps to take:
1. Keep Detailed Records
Document everything related to the incident, including medical bills, funeral costs, and communications with insurers or other involved parties.
2. Avoid Making Assumptions
Don’t assume you know who’s responsible. Liability could extend to parties you may not have considered, such as a company owner or product designer.
3. Don’t Settle Too Quickly
Accepting an early settlement offer might seem tempting, especially when you’re grieving. However, these offers are often far lower than what you deserve.
4. Prioritize Your Family’s Well-Being
While pursuing justice is important, don’t lose sight of your family's emotional and physical needs during this difficult time.
5. Consult an Experienced Attorney ASAP
The sooner you reach out to a personal injury attorney, the better positioned they’ll be to preserve evidence, meet legal deadlines, and help you build a strong case.
Fresno Wrongful Death Lawyers
At Fowler | Helsel | Vogt, we have the experience and resources to fight for your family's rights and secure the justice you deserve. Our team of Fresno wrongful death lawyers understand the immense emotional toll a sudden loss can take on a family. We are committed to providing compassionate and personalized representation, while aggressively pursuing fair compensation for your family's financial losses. While no amount of money can replace your loved one, it can help ease the burdens of medical bills, funeral expenses, lost income, and other damages. Contact us today at (559) 900-1280 to get started.