What happens if more than one party shares responsibility for the death?

If multiple parties are responsible for the death of your family member, each individual charge is based on separate allegations of responsibility in the wrongful death lawsuit.

Matters of accountability and liability in wrongful death lawsuits can be very complicated when multiple defendants are named. However, with the assistance of a diligent and experienced attorney, your wrongful death lawsuit can be successful.

In a wrongful death lawsuit, multiple defendants may be involved when several parties contributed to the circumstances leading to the fatal incident. Defendants could include persons, businesses, government entities, or a combination of these. For instance, if a fatal car accident occurred due to a negligent driver, but the vehicle was poorly maintained by a negligent car manufacturer, both the driver and the manufacturer could be named as defendants.

Florida follows the principle of “joint and several liability” in wrongful death cases with more than one defendant. This means that each defendant can be held responsible for the entire amount of damages awarded, no matter their percentage of fault. If one defendant is unable to pay their portion of the judgment, the other defendants might be required to cover the shortfall. Wrongful death cases with multiple defendants can present unique challenges, including:

• Determining liability share: Allocating fault among the defendants requires a thorough investigation and analysis of evidence. This process can be complex and intricate.
• Differing defense strategies: Each defendant may have different arguments and defenses, making the case more complex for the plaintiff.
• Insurance coverage: Some defendants may be insured, while others may not have proper coverage, potentially affecting the recovery for the plaintiff.
• Lengthy litigation: Cases involving multiple defendants usually take longer to resolve due to the additional complexities.

Comparative Faults Impacts on a Wrongful Death Allegation

 When a person passes away due to an accident or intentional action, the executor or another personal representative of the deceased's estate may file a lawsuit to recover damages for the surviving family members. Because it is necessary to demonstrate that the fatal incident was brought on by the misconduct of another, this is known as a wrongful death claim. The defendant in the lawsuit may, however, argue that the accident was caused in part by the deceased or one of the deceased's survivor's carelessness or other wrongdoing. According to Florida law, the relative negligence of each party involved in an accident or other incident that causes harm must be measured. The jury in this system gives each party a percentage of the blame.
Additionally, the jury calculates the total damages for each party and subtracts that sum from the percentage of fault. The amount of damages that the decedent's estate or survivors may receive in a wrongful death lawsuit will be lowered if the deceased was partially at fault. The amount of damages awarded to a particular survivor will be lowered by their percentage of liability if their carelessness played a role in the accident.

How can The Law Offices of Sean M. Cleary help?

If you intend to file a wrongful death lawsuit in which multiple parties are at fault for your family member’s demise, The Law Offices of Sean M. Cleary is the perfect law firm for you. Our attorney has over 20 years of professional experience and the necessary knowledge, skills, and resources to provide you with quality legal assistance. While these cases are very complex, we will strive to obtain the most favorable outcome for your case as soon as possible.