Can Multiple Parties Be Liable in a Wrongful Death Case?

Fatal accidents can have numerous causes. From car accidents to accidents on private property, all types of accidents can result from a wide range of factors—and this means that a wide range of parties can potentially be to blame.

In some wrongful death cases, multiple parties can share liability as well. When multiple parties share liability, Wisconsin’s “joint and several” liability law applies. Under this law, each party that is 50% or less at fault can be held liable based on its percentage of fault, and any party that is 51% or more at fault can be held fully accountable for family members’ financial and non-financial losses. 

Three Examples of Multi-Party Liability in a Wisconsin Wrongful Death Case

In fact, it is not unusual for multiple parties to share liability in a wrongful death case in Wisconsin. Here are three examples of scenarios in which multiple parties could be liable for a fatal accident: 

1. A Commercial Truck Accident

Commercial truck accidents frequently involve multi-party liability. Not only can trucking companies be held liable for their employees’ negligence behind the wheel, but various other parties can also potentially be held liable on various grounds. Depending on the circumstances involved, a wrongful death case related to a commercial truck accident could involve claims against:

• The trucking company
• The company that owns the cargo on the truck
• The truck’s manufacturer
• The manufacturer of the truck’s tires, brakes, or other components 
• A company that performed negligent maintenance or repairs on the truck 

Other drivers (and their insurance companies), government agencies, road construction contractors, and various other parties can potentially be liable in commercial truck accident cases as well. As with all types of fatal accidents, determining the specific causal factor (or factors) involved will be key for assessing liability.

2. A Drunk Driving Accident

Drunk driving accidents are another all-too-common scenario in which multiple parties can potentially share liability for an accident victim’s untimely death. In these cases, the parties that could share liability include (but are not limited to):

• The drunk driver
• The drunk driver’s parents (if the driver was underage)
• The drunk driver’s or parents’ insurance company

Here too, various other parties could be liable as well. In all types of fatal accident cases, conducting a comprehensive investigation is key to assessing liability—and this makes it important to engage a law firm as soon after the accident as possible.

3. A Fatal Construction Site Accident 

Along with fatal road accidents, fatal premises-related accidents will often involve multiple liable parties as well. This includes fatal construction accidents resulting in the deaths of workers and other individuals. In fatal construction accident cases, examples of parties that could share liability include:

• The owner of the property
• The general contractor overseeing the construction 
• Subcontractors working on the construction site
• An architecture or engineering firm 
• An inspector (or the inspector’s employer)

While spouses and other family members who have lost loved ones on the job may have workers’ compensation claims, they will frequently have wrongful death claims as well. An experienced wrongful death attorney will be able to assess all potential claims and help grieving family members make informed decisions about their next steps. 

Again, these are just examples. Multiple parties can share liability for fatal accidents in numerous other scenarios as well. No matter what happened, if you have tragically lost a loved one in a fatal accident in Wisconsin, an experienced wrongful death attorney can investigate the circumstances leading up to the accident and work to identify any and all parties that deserve to be held accountable. 

What to Do if You Believe Multiple Parties May Be Liable for Your Loved One’s Death 

If you lost a loved one in a fatal accident and you believe that multiple parties may be liable for your loved one’s death, what should you do? In this scenario, it is important to engage a wrongful death law firm to represent your family as soon as possible. As we said above, conducting a prompt investigation is essential, and it will be important for you to rely on an experienced wrongful death attorney’s advice going forward.   

Get Help from an Experienced Wisconsin Wrongful Death Attorney at Studinski Law LLC

If your family lost a loved one because of someone’s negligence, it may not be enough to hold just one party accountable. Multiple entities may share responsibility, and identifying all available sources of compensation can make a meaningful difference in your family’s claim.

At Studinski Law, LLC, we do more so you get more. We thoroughly investigate wrongful deaths, uncover all potentially liable parties, and build claims that reflect the full extent of a family’s losses. When your family’s future is at stake, we work hard to pursue the maximum compensation you deserve under Wisconsin law.

Contact a Wisconsin wrongful death attorney at Studinski Law, LLC today online or at (715) 343-2850 for a FREE case evaluation. We proudly serve all of Wisconsin, including Plover, Marshfield, Stevens Point, and other areas.