What Families Need to Know About Wrongful Death Claims Involving Multiple At-Fault Parties
A fatal accident isn’t always the result of just one person’s mistake. In some cases, there are multiple drivers, businesses, property owners, manufacturers, or other parties who contributed. Families grieving the loss of a loved one face further challenges when multiple parties complicate their claim, making it harder for them to get answers and closure. In these cases, it’s particularly important to discuss your next steps with a wrongful death attorney.
That’s where the team at Moga Law Firm steps in to help. We understand the enormous burden you carry after a loved one’s death, and we strive to handle the legal side of your loss so you can focus on healing. Attorney Scot Thomas Moga serves as a passionate advocate for his clients, bringing more than 30 years of experience to each case he accepts. Call our wrongful death law firm at 909-931-2444 to schedule a consultation.
How Multiple Parties May Be Responsible for a Wrongful Death
Several parties may contribute to a singular fatal accident. Imagine a multi-vehicle collision caused by two negligent drivers, resulting in the death of a third driver. A collision may be partially caused by a reckless driver and a municipality that failed to properly maintain the road where the crash occurred. A defective product may be partially responsible for an accident that was also caused by a driver’s carelessness.
These cases are complex, and your wrongful death lawyer will look at whether each party’s conduct contributed to your loved one’s death.
California and Comparative Fault
California uses comparative fault principles when there are multiple parties responsible for an injury. For example, a jury may find that one defendant is 70% responsible for an accident and that the second defendant is 30% to blame. In some cases, outside parties who are not named in the case may also be at fault.
It’s important for families to avoid focusing solely on the most obvious defendant. Until the full facts of the accident come to light, it’s impossible to know who all contributed to the accident. Identifying all potentially liable parties early in the process is critical.
Economic and Noneconomic Damages
When multiple defendants share fault, California law treats economic and noneconomic damages differently. Economic damages include losses with clear financial value, such as burial expenses, financial support the deceased would have contributed, and the value of household services the deceased would have provided. Non-economic damages include losses that aren’t necessarily financial in nature, such as the loss of the deceased individual’s love, moral support, and companionship.
When there are multiple defendants, they are typically held jointly and severally liable for economic damages. This means that the plaintiff can recover from multiple parties or from one defendant. If one defendant has minimal insurance coverage, the other party may be liable for whatever they cannot pay.
However, liability for noneconomic damages is generally several under California law. Each defendant is only responsible for paying the percentage of noneconomic damages corresponding to their share of fault. If one party cannot pay the full amount based on their share of liability, other defendants are not required to make up the difference. Your wrongful death attorney will do a full analysis of the insurance coverage available across the defendants involved in your case so you understand your potential recovery.
Settling With One Defendant and Continuing Against Others
Multi-defendant cases do not always resolve all at once. A family can choose to settle with one defendant and continue pursuing a case against the other defendants. But since settlements can affect the remaining claims and how damages are offset, settlement strategy may be an important part of your discussion with your wrongful death attorney.
Before accepting a settlement from one defendant, families should fully understand what that choice may mean for the rest of their case.
Explore Your Legal Options With a California Wrongful Death Law Firm
At Moga Law Firm, we understand how painful it can be to lose a loved one. Legal action may be the last thing on your mind. We’re here to help with your legal needs so you can focus on your loved ones. Schedule a consultation with a wrongful death lawyer now by calling us at 909-931-2444 or contacting us online.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
