The unexpected loss of a loved one is always devastating, but even more so when their death was caused by another person’s negligence or wrongdoing. In the most painful of circumstances, surviving family members may have grounds to file a wrongful death lawsuit seeking justice and compensation for their loss. But what happens when there are multiple parties who contributed to or caused the wrongful death? How does this affect the legal process and outcome?
At Stewart Miller Simmons Trial Attorneys, our experienced Atlanta wrongful death lawyers are here to provide answers and expert guidance during this difficult time. We have successfully represented many families in complex wrongful death cases, including those involving multiple defendants. In this article, we will explain how wrongful death cases work when there is more than one at-fault party and what you need to know to protect your family’s rights.
Determining Liability in a Multi-Party Wrongful Death Case
The first step in any wrongful death case is determining who can be held legally responsible for the death. In many situations, there may be several individuals, companies, or entities whose negligent actions played a role. Some common examples of wrongful death cases involving multiple parties include:
- Motor vehicle accidents caused by multiple negligent drivers
- Medical malpractice involving errors by multiple healthcare providers
- Defective products that had flaws in design, manufacturing, and marketing by different companies
- Construction or workplace accidents resulting from safety failures by site owners, contractors, and subcontractors
To determine liability, your wrongful death attorney will thoroughly investigate the circumstances of your loved one’s death, gathering evidence such as accident reports, medical records, witness statements, safety inspections, company policies, and more. Expert analysis may be needed to conclusively show how each party’s actions contributed to the fatal incident.
In Georgia, the standard for liability in wrongful death cases is “negligence” – meaning a failure to exercise reasonable care that directly leads to harm or death. It must be shown that each defendant named in the lawsuit owed a duty of care to your loved one, breached that duty through negligent actions, and proximately caused the death and damages as a result.
Apportioning Fault Among Multiple Defendants
When multiple parties are found to share liability for a wrongful death in Georgia, the next step is determining the degree of fault for each defendant. Under Georgia’s modified comparative negligence rules, fault is apportioned by percentages among all liable parties.
For example, say your loved one was killed in a multi-vehicle crash. The evidence shows that Driver A was speeding and caused the initial collision, which was then compounded when Driver B (who was distracted by texting) crashed into your loved one’s car that had spun out from the first impact. In this scenario, fault might be apportioned 70% to Driver A and 30% to Driver B.
The percentages of fault assigned to each party make a difference in terms of financial liability. Georgia law holds that each defendant is responsible for paying damages proportionate to their percentage of fault. So in the example above, Driver A would be liable for 70% of the total wrongful death damages award, and Driver B would owe 30%.
Occasionally, the party most at fault may not have enough insurance coverage or assets to pay their full share of damages. In those cases, Georgia law allows the plaintiff to recover the unpaid amount from other defendants according to their percentages of fault, as long as the plaintiff’s own negligence (if any) was less than 50%.
Strategic decision-making is critical when pursuing wrongful death damages from multiple defendants. Your attorney will advise you on the best approach for holding all wrongdoers accountable and maximizing your financial recovery.
Negotiating Settlements vs. Taking the Case to Trial
The vast majority of wrongful death cases are resolved through out-of-court settlements, in which the defendants agree to pay a certain amount of money to the plaintiff in exchange for the lawsuit being dropped. When multiple parties are involved, settlement negotiations can become quite complex. Each defendant may attempt to shift blame onto the others to minimize their own financial liability.
Having an experienced wrongful death lawyer is essential for dealing with this process and fighting for the full compensation your family deserves. Your attorney should be a skilled negotiator who is also fully prepared to take your case to trial if a fair settlement cannot be reached with all parties.
If your case does go to trial, you can trust the litigation team at Stewart Miller Simmons Trial Attorneys to powerfully present your case in court and convince the jury to hold every at-fault defendant accountable. We work with the top experts to meticulously reconstruct what happened and demonstrate the irreparable harm you have suffered. Our trial lawyers know how to break down the tricky aspects of multi-party wrongful death cases into clear, compelling arguments for justice.
Get Help from a Skilled Atlanta Wrongful Death Attorney
No amount of money can ever replace your loved one, but pursuing a wrongful death claim can provide a measure of justice, accountability, and financial security for your family’s future. When multiple parties are at fault, you need an Atlanta personal injury law firm with extensive experience handling complicated, multi-defendant cases.
At Stewart Miller Simmons Trial Attorneys, we have a track record of success in wrongful death cases involving multiple liable parties. We know how to identify all potential sources of compensation and effectively pursue the maximum recovery for our clients. While we cannot undo your loss, we can fight to ensure all responsible parties are held fully accountable.
Call Our Office Today
If you have lost a loved one due to negligence, do not wait to learn about your legal rights. Call us today at (404) 529-3476 to schedule a free consultation with one of our compassionate Atlanta wrongful death attorneys. We are here to provide the answers, advocacy and support you need during this painful time. We also know how complicated these cases are and we fight to ensure that you get fair compensation.