Can there be more than one wrongful death action?
A. No. There can only be one wrongful death action filed. This is called the “one action” rule. All claims against all defendants must be brought in one action. If a second action is filed because, for example, an at fault party was not included in the first action then the second action will be dismissed and the defendant in the second action will go free – not to mention that the plaintiff will not have recovered damages attributable to the second action defendant in the first action and that the first action defendants are liable only for their respective shares of fault and not for any fault of the omitted at fault party.
