When a wrongful death occurs, families are left devastated and overwhelmed by both grief and legal complexities. The situation becomes even more complicated when multiple parties are involved and share fault for the fatal incident. In such cases, determining liability and figuring out who pays damages in a wrongful death case is critical.
At Bourassa Law Group, we are committed to helping surviving family members navigate the legal maze. This article dives deep into how wrongful death settlements are handled when multiple at-fault parties are involved, what the law says, and how you can recover damages effectively.
Understanding a Wrongful Death Claim
A wrongful death claim arises when a person dies due to someone else’s negligence or misconduct. Common causes include medical malpractice cases, car accidents, workplace accidents, and multi-vehicle crashes. A personal representative, typically a close family member or a court-appointed individual, files the wrongful death claim on behalf of the deceased’s estate and surviving family members, as outlined by state-specific laws.
For example, in Nevada, NRS 41.085 authorizes the personal representative to bring a claim for the benefit of the estate and certain heirs, including the deceased’s spouse, children, or parents.
Examples of wrongful death causes:
- A fatal car accident caused by both the driver of another car and a faulty traffic signal
- A death resulting from medical malpractice, involving multiple defendants such as doctors and hospitals.
Multiple Parties and Shared Fault
Often, wrongful death lawsuits involve multiple liable parties. Each may have contributed in some way to the victim’s death.
Who can be held responsible?
- Other drivers in a multi-vehicle crash
- A hospital in medical malpractice cases
- An employer in workplace incidents
- Government entities that failed in their duty (e.g., poor road design)
When multiple parties are found at fault, the law guides the division of responsibility.
Proving Liability in a Wrongful Death Lawsuit
Establishing liability is central to any wrongful death lawsuit. It requires a thorough investigation, gathering evidence, and presenting a strong case to show how each at-fault party contributed to the untimely death.
Key evidence includes:
- Accident reports
- Medical records and medical bills
- Witness statements
- Photographic and video evidence
- Expert testimony
This process can be complex, and an experienced wrongful death attorney can help you handle it more effectively.
Types of Damages in Wrongful Death Lawsuits
Damages in a wrongful death claim are categorized into:
Economic Damages:
- Medical expenses before death
- Lost income and benefits
- Funeral expenses and burial costs
Non-Economic Damages:
- Pain and suffering of the victim’s family
- Loss of companionship and support
Punitive Damages:
In rare cases involving gross negligence, courts may award punitive damages to punish the responsible parties.
How Insurance Coverage Affects Payout
Each liable party may have different types and levels of liability insurance. One major challenge is whether there’s enough insurance coverage to fully pay for wrongful death damages. For example:
- A driver might have minimum coverage
- A small business may be underinsured
When multiple parties share fault, insurance companies may dispute liability percentages, which can delay compensation for the victim’s family.
The Role of a Wrongful Death Attorney
A qualified wrongful death lawyer plays a critical role in:
- Proving the liability of all involved parties
- Handling legal process
- Negotiating with insurance companies
- Ensuring the deceased’s estate is compensated
- Taking legal action through a lawsuit if negotiations fail
- Securing the fair compensation you are entitled to under the law
You need legal representation with proven experience in wrongful death lawsuits, particularly those involving fatal car accidents and medical malpractice, to pursue full and fair compensation.
What If One Party Can’t Pay?
In many states, including Nevada, courts apply a rule called several liability in negligence cases. This rule ensures that each at-fault party pays only their share of the damages based on the percentage of fault assigned to them. If one defendant can’t pay, due to limited insurance or lack of assets, the other defendants don’t have to cover the unpaid portion.
Nevada law, under NRS 41.141, limits joint and several liability to very specific situations. Courts may hold one defendant fully responsible only in cases involving intentional torts, defective products, toxic spills, or coordinated wrongful acts. Outside of these exceptions, courts do not allow plaintiffs to recover the entire judgment from one defendant alone if others can’t pay. Each party remains responsible only for its assigned share of fault.
Nevada follows the “50 percent bar rule” under its comparative negligence system. If the court finds the plaintiff 50 percent or less at fault, they can recover damages reduced by their share of the blame. But if the court finds the plaintiff more than 50% responsible, they lose the right to any compensation.
Role of Government Entities
If a government entity contributed to the fatal incident, special rules apply. Sovereign immunity often limits lawsuits, and wrongful death settlements involving public agencies may have:
- Caps on financial compensation
- Short deadlines to file claims
- Additional procedural steps
Why Thorough Investigation Matters
When multiple at-fault parties are involved, you need a thorough investigation to identify every liable party. Missing even one responsible actor can reduce your total recovery. Identifying all responsible parties ensures that you can pursue full financial relief for your loved one’s death.
How Long Do You Have to File a Claim?
Each state sets its own strict deadlines, known as statutes of limitations. For instance, in Nevada for filing a wrongful death claim is two years from the date of the victim’s death (NRS 11.190). Delay can result in a lost opportunity for justice.
Important notes:
- Time limits can vary if government entities are involved.
- Collecting witness statements and evidence early is crucial.
- Filing late means losing your right to recover damages.
Get the Right Legal Representation
When multiple parties share fault in a wrongful death, you need a firm that understands every angle of proving liability, handling insurance coverage, and negotiating with insurance companies and government entities.
At Bourassa Law Group, our wrongful death attorneys are here to evaluate your case. We approach every wrongful death lawsuit with compassion, clarity, and conviction, fighting for the financial support and justice your family members deserve.
If you’ve lost a loved one due to someone else’s negligence, don’t wait. Contact us today for a free consultation.
1-800-870-8910