Can Multiple Parties Be Liable for a Wrongful Death?

When accidents, medical mistakes and other tragedies lead to deaths that could have been prevented, determining liability is a key first step toward filing a wrongful death claim under Illinois law. While some cases involve a single liable party, it is not unusual for multiple parties to be involved. 

In these scenarios, all parties involved can (and should) be held duly accountable. 

Illinois’s “joint liability” law makes clear that grieving families can seek to hold all at-fault parties liable following fatal accidents and other fatal incidents in the state. In most cases, each at-fault party can be held fully liable, but grieving families can also seek to recover damages from multiple parties if necessary. 

Understanding How Multiple Parties Can Share Liability for a Wrongful Death in Illinois

There are various ways that multiple parties can share liability for a fatal accident or another fatal incident under Illinois law. Ultimately, any parties that share responsibility for a wrongful death can—and should—be held accountable. Not only is this important for ensuring that family members’ losses are no greater than necessary, but it is also important for helping ensure that the at-fault parties do not make the same mistakes in the future. 

Here are just a few examples of scenarios in which multiple parties could share liability for a wrongful death in Illinois:

• A Fatal Car Accident Involving a Brake Failure – When a vehicle’s brakes fail, the vehicle’s manufacturer, the brake manufacturer, and the dealership or shop that installed the brakes can all potentially be held liable. If the driver could (and should) have avoided a fatal collision despite the brake failure, the driver could be liable as well. 
• A Fatal Truck Accident Involving Unsecured Cargo – If a commercial truck’s cargo breaks loose resulting in a fatal accident, the company that was responsible for securing the truck’s cargo could be liable. If truck driver negligence or any other issue with the truck also played a role in causing the accident, the trucking company, the truck’s manufacturer, and various other parties could all share legal responsibility. 
• A Fatal Medical Mistake in a Hospital – When doctors make fatal mistakes, they can be held liable under Illinois’s medical malpractice laws. If a hospital contributes to a fatal mistake by hiring an unqualified doctor, failing to adequately maintain its facilities or equipment, or failing to provide adequate support staff, the hospital could also share liability for a patient’s death.  

Again, these are just a few examples of numerous possible scenarios. From rideshare accidents to accidents involving dangerous premises and dangerous products, all types of fatal incidents can potentially have two or more at-fault parties involved. When we represent families in wrongful death cases, we prioritize identifying all at-fault parties so that we can seek the full accountability, justice, and closure our clients deserve. 

Understanding How Illinois’s “Joint Liability” Law Applies in Wrongful Death Cases 

Under Illinois’s “joint liability” law, all at-fault parties are “jointly and severally liable” for any medical expenses incurred prior to death, regardless of the circumstances involved. This means that each at-fault party can be held fully liable; or, if necessary, the victim’s family can seek partial compensation from each of the at-fault parties. 

In most cases, all at-fault parties are jointly and severally liable for families’ other losses as well. In a typical case, this will include financial and non-financial losses such as:

• Funeral expenses, burial or cremation expenses, and other out-of-pocket costs
• Loss of their loved one’s income and inheritance
• Emotional trauma and mental anguish
• Loss of companionship, consortium, and support
• Loss of enjoyment of life

There is just one exception that applies in cases where one at-fault party’s percentage of fault is comparatively low: If one at-fault party’s percentage of fault is “less than 25% of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendant except the plaintiff’s employer,” then that party is only liable for a portion of the family’s losses equal to its percentage of fault. In this scenario, all other at-fault parties remain fully liable. The ability to hold a single at-fault party fully liable if necessary helps ensure that families can recover their total damages even if one or more other at-fault parties do not have the ability to pay. 

Speak with a Chicago Wrongful Death Lawyer for FREE

If you have lost a loved one and believe more than one party may be responsible, getting clear answers now can make a meaningful difference in your case. Our team can help you understand your rights, identify all potentially liable parties, and take the next steps with confidence.

Contact Coplan + Crane today online or at (312) 982-0588 for a FREE case evaluation. Our Chicago wrongful death lawyers help clients across Illinois, including Chicago, Oak Park, Rockford, and other areas.