January 27th, 2025
The pain of a loved one’s death due to someone else’s negligence is immense. You want answers and accountability, but what if multiple parties share responsibility for the tragedy? Understanding how to hold each one accountable is key to recovering the compensation your family deserves.
Learn when you may be able to file a claim against more than one defendant and how our California wrongful death lawyers can help you pursue accountability for your loved one’s passing.
When Multiple Parties May Be Responsible
Wrongful death cases often involve scenarios where more than one party’s actions or failure to act contribute to the tragic outcome. Situations where multiple defendants may cause a wrongful death include:
- Car Accidents: In multi-car collisions, more than one driver may share responsibility for the accident. For instance, a speeding driver on I-80 in Sacramento sideswipes another car, creating a chain reaction that results in your loved one’s fatal crash. Liability may involve the speeding driver, another driver’s failure to react, a defective vehicle part, or poor road maintenance.
- Medical Malpractice: Multiple healthcare providers or institutions can share responsibility in malpractice cases. For example, a doctor misdiagnoses your loved one’s condition, or a nurse gives the wrong medication, resulting in a preventable death. The hospital might also be liable for issues like understaffing or inadequate training.
- Product Liability: Defective products that lead to fatal injuries can involve multiple parties. Unsafe items like electrical appliances, children’s toys, and furniture can result in a loved one’s tragic passing. In these cases, the manufacturer, distributor, or retailer that sold the defective item may be responsible.
California Law and Joint Liability
In California, families can file a wrongful death claim against all parties responsible for a loved one’s death. State laws determine fault under Statute 1431.2 of the Civil Code of Procedures. Here’s an overview:
| Type of Liability | Explanation | Example |
| Joint and Several Liability | Families can recover all economic damages, such as medical bills and lost wages, from any party at fault. | A speeding driver approaches a red light but cannot stop due to faulty brakes, leading to a crash that causes a wrongful death. Liability falls on both the driver and the car manufacturer, and the family can recover a full settlement from either party. |
| Several Liability (Proportionate Liability) | Each party pays non-economic damages, like pain and suffering, based on their percentage of fault. | A surgeon performs a procedure incorrectly, causing fatal injuries, while the hospital fails to provide proper monitoring. The surgeon pays 70% of the damages, and the hospital pays 30%. |
Including all responsible parties in the claim gives families the best chance to recover what they are owed, even if one party cannot pay. It also ensures each defendant is held responsible for their actions.
Challenges in Proving Multiple Parties’ Liability
Proving each party’s level of liability in a wrongful death case can be complicated. Common challenges for multi-party claims include:
- Determining Fault: Establishing how each party contributed to the wrongful death requires thorough investigation and evidence collection. In car accidents, for example, crash reconstruction specialists may be needed to piece together the sequence of events and determine how each driver’s actions played a role.
- Coordinating Evidence: In cases with multiple defendants, families must gather evidence from various sources, including medical records, accident reports, eyewitness testimonies, or expert analyses. Organizing and presenting this evidence clearly is critical for building a strong case.
- Defenses from Multiple Parties: Each defendant will likely have their own legal team and insurance company, all working to minimize their client’s liability. This can result in conflicting accounts of events, attempts to shift blame to others, or even allegations that the victim was partially at fault.
- Complex Legal Proceedings: When multiple parties are involved, wrongful death claims can become more complicated and time-consuming. Families need a skilled and experienced attorney to manage the case, who will meet all deadlines and include all liable parties in the claim.
How a California Wrongful Death Lawyer Can Help
Managing a wrongful death claim involving multiple parties is made even more difficult when coping with the loss of a loved one. An experienced California wrongful death lawyer can offer invaluable assistance by:
- Conducting a thorough investigation to identify all responsible parties
- Gathering and organizing evidence to prove each party’s degree of liability
- Negotiating with multiple defendants and their insurance companies
- Representing families in court to help them win fair damages
At Berg Injury Lawyers, we understand how overwhelming and emotionally challenging wrongful death claims can be. We provide compassionate guidance and help your family pursue financial support from all defendants who caused your loved one’s accident.
Seek Legal Guidance to Protect Your Family’s Rights
The death of a loved one due to negligence is an unimaginable tragedy. California law allows families to name all responsible parties in a wrongful death claim, but doing so requires skill, experience, and commitment.
If your family is facing this heartbreaking situation, you don’t have to go through it alone. Reach out to our compassionate attorneys at Berg Injury Lawyers for a free consultation. We’ll provide the legal support you need so you can focus on healing and moving forward together.
