Can Multiple Parties Be Liable in a Wrongful Death Case?

When you are coping with the tragic loss of a loved one, seeking accountability is an important step in the process. Seeking accountability can provide closure, and it can also help ensure that your family has the financial resources it needs for the future.

In many cases of determining who is liable in a wrongful death case, seeking accountability involves pursuing a liability claim against a single party. For example, if your loved one was killed by a distracted driver, you may have a claim—and only have a claim—against the distracted driver’s insurance company. Likewise, if your loved one’s death was the result of medical negligence, seeking accountability may involve filing a medical malpractice claim against the healthcare provider that is to blame.

But, in some wrongful death cases, multiple parties can be liable.

What If Multiple Parties Are Liable in a Wrongful Death Case?

Multiple parties can be liable in a wrongful death case for various reasons. If your family needs to pursue a claim, it will be important to ensure that you have a clear and comprehensive understanding of everything your family is eligible to file. Some examples of reasons why multiple parties may be liable in a wrongful death case include:

• Multi-Vehicle Accidents – If multiple drivers played a role in causing a fatal multi-vehicle pileup, each of these drivers (or their insurance companies) could share liability for the crash. 
• Accidents with Multiple Causes – From brake failures to unsafe intersections, various other factors can contribute to causing fatal car accidents as well. 
• Accidents Involving Drunk Drivers – Under Illinois’s “dram shop” law, bars and other establishments can be held liable alongside drunk drivers in appropriate cases. 
• Accidents Involving Employees and Independent Contractors – As a general rule, employers are liable for their employees’ negligence on the job in Illinois. Rideshare companies, delivery companies, and other businesses can share liability for their independent contractors’ negligence in appropriate cases as well. 
• Other Incidents Involving Employees and Independent Contractors – From construction contractors to hospitals and other healthcare providers, other businesses can also be held duly liable for fatal incidents resulting from their employees’ or independent contractors’ negligence. 

Determining who is liable in a wrongful death case requires a comprehensive investigation; and, depending on the circumstances, your family’s lawyer may need to gather additional evidence (i.e., employment records or other internal documents) through formal legal means. Once you hire a lawyer to represent your family, your family’s lawyer will be able to determine what steps are necessary to seek accountability on your family’s behalf. 

Illinois’s “Joint and Several Liability” Rule for Wrongful Death Cases Involving Multiple Parties

When multiple parties are to blame for a fatal accident or incident in Illinois, the victim’s family members have an important choice to make: Which party (or parties) should they pursue? 

This brings the state’s “joint and several liability” law into play. This law determines which party (or parties) can be held liable for a fatal accident when no single party is 100% to blame. Under 735 ILCS 5/2-117:

• All at-fault parties are jointly and severally liable for the victim’s medical expenses. 
• All parties whose fault “is 25% or greater of the total fault attributable to the [victim]” are jointly and severally liable for the family’s other financial and non-financial losses. 
• All parties whose fault “is less than 25% of the total fault attributable to the [victim]” are severally liable for the family’s other financial and non-financial losses. 

When at-fault parties are “jointly and severally liable,” this means that they can each be held partially or fully responsible for the family’s losses. When an at-fault party is only “severally liable,” this means that it is only responsible for a portion of the family’s losses based on its percentage of fault. 

As a result, when multiple parties are liable in a wrongful death case in Illinois, the victim’s family may have the option of pursuing claims against one or more parties, or the victim’s family may need to pursue multiple claims in order to seek full compensation. Making informed decisions in this scenario requires experienced legal representation. If you need to know more about pursuing a wrongful death case involving multiple at-fault parties, we strongly recommend that you speak with a lawyer as soon as possible.

Talk to a Chicago Wrongful Death Lawyer for FREE 

At Coplan + Crane, we are committed to helping grieving families seek accountability after all types of fatal accidents and incidents in Illinois. If you lost a loved one due to the negligence of someone else, you may be eligible to recover compensation for your financial and emotional losses, and more.

It’s important to act quickly. If you wait too long, you could miss your opportunity to take legal action. Our team is standing by to get to work right away.

To speak with one of our experienced Chicago wrongful death lawyers in confidence as soon as possible, call (312) 982-0588 or tell us how we can help online today.