What Happens When Multiple Parties Are Responsible in a Wrongful Death Case?

Wrongful death is a tragedy that describes the loss of an individual’s life due to the careless, reckless or intentional acts of another person or party. If more than one person contributed to the death of your loved one in Colorado, you may be able to hold multiple parties accountable during your wrongful death claim.

How Is Fault Determined in a Wrongful Death Claim?

Identifying the party or parties that are out fault for an individual’s wrongful death will typically require an investigation of the fatal incident. Investigators will analyze the circumstances surrounding the deadly incident to search for signs or evidence of negligence, meaning the failure of a party to exercise ordinary care. Evidence of medical malpractice or criminal intent can also be used to prove fault in a wrongful death case.

An investigation of the cause of death may involve evidence such as police or accident reports, medical records, autopsies, eyewitness statements, photographs, surveillance footage and physical evidence. Experts may also be brought in to testify regarding specific aspects of the claim, such as accident reconstructionists or medical experts. The defendants named can include motor vehicle drivers, product manufacturers, doctors, government entities and property owners.

Colorado’s Law Regarding Multiple Defendants

The parties that are most at fault for inflicting the victim’s fatal injury or illness will be named as defendants in a wrongful death claim after the investigation ends. Liability – meaning legal and financial responsibility – in a wrongful death case can be complicated when multiple at-fault parties are identified. 

In this situation, Colorado law will treat each individual charge as a separate allegation of liability for the victim’s wrongful death. Each defendant will then be held responsible for his or her own degree of fault for the wrongful death. This is known as Colorado’s comparative negligence law.

Comparative negligence assigns a percentage of responsibility for the wrongful death to any and all defendants named in the lawsuit and/or the deceased individual. It holds defendants responsible for paying for their share of fault. 

For instance, if a motor vehicle driver is 80 percent at fault for running a red light but a vehicle manufacturer is 20 percent at fault for manufacturing bad brakes, the driver would pay 80 percent of a settlement and the manufacturer would pay the other 20 percent.

Comparative Negligence and the Decedent’s Share of Fault

It is possible for a portion of fault to be assigned to the deceased individual in a wrongful death claim. If the deceased individual shares the blame, the comparative negligence rule will reduce the amount of financial compensation awarded to the decedent’s heirs and beneficiaries by an equivalent amount. As long as the deceased person’s fault is less than or equal to the defendant’s share of fault, financial compensation can still be awarded to surviving family members.

How Can a Wrongful Death Lawyer Help?

When liability for a wrongful death is divided among multiple parties in Colorado, it can lead to a complicated legal process. An experienced wrongful death attorney in Denver can carefully investigate your deceased loved one’s accident to search for evidence of fault and identify all liable parties.

If more than one individual or entity is responsible for your loved one’s wrongful death, we will pursue maximum compensation from all available sources. Start your case with a free consultation. Contact us at Fang Accident Lawyers at (720) 379-6363.