In legal cases involving personal injury, determining who’s at fault is essential to securing fair compensation for the injured party. Often, multiple parties may share responsibility for the harm caused. This concept is known as “joint and several liability,” meaning each party can be held fully accountable for the total damages, regardless of their individual level of fault. Joint and several liability plays a significant role in ensuring that injured individuals can recover damages, even if one of the responsible parties cannot pay.
Understanding how this liability works can help clarify the options for pursuing compensation in complex cases. Attorneys, such as Rich Godshall, make this process easier and simpler by providing the legal assistance required by your case.
With that being said, let’s take a comprehensive look at joint and several liability and its implications in legal claims.
Understanding Joint and Several Liability
This concept applies to cases where several parties are responsible for causing harm to an individual. It is crucial to understand the laws surrounding joint and several liability.
First, under these laws, a plaintiff can seek compensation from any one of the liable parties or all of them collectively. Therefore, once the court awards damages, the plaintiff must seek them from either one defendant or all of them collectively.
“To simplify this, all the liable parties are responsible for the damages the court awards. Failure by one or more parties to settle the claim will increase the burden on the others,” says personal injury lawyer Rich Godshall.
On top of that, the plaintiff can choose to seek compensation from one or all of the liable parties. However, they can only collect the awarded damages once. If a defendant pays more than their fair share, they can pursue a legal claim for contributions from co-defendants, although other defendants may not pay up if they lack money or assets.
Here is an example of how joint liability works. Motorists X, Y, and Z get into a collision in which X is not at fault but sustains $100,000 in damages. Motorist Y is responsible for 70 percent of crashes, while Z is responsible for 30 percent.
X could sue Y and Z for damages up to $100,000 and not more. If either of the drivers lacks money, X could file a claim against the other and receive total compensation from them. However, the sued driver could also file for a contribution from the other driver.
Examples of joint and several liability injuries include:
- Motor vehicle accidents
- Defective products
- Injuries on properties
- Medical negligence
Examining the Flaws and Limitations of Joint and Several Liability
Joint and several liability rules protect the plaintiff from uncompensated losses. They can seek reimbursement for their total losses from either of the defendants. The downside to this is that some defendants may incur expensive costs for damages for which they are not liable.
Fortunately, there are alternatives to this system. Depending on the state, your case might be taken under the pure several liability rule. Here, the defendants strictly pay for the damages for which they are responsible.
However, a rule in pure several liability states outlines that all defendants can be responsible for all damages if they acted together to harm the plaintiff. Alternatively, some states take the hybrid approach, where a defendant who settles the damages could give up their right to be reimbursed by other defendants.
Summing Up
If you are a plaintiff or defendant in a joint and several liability cases, hiring an attorney to help with the lawsuit is wise. Depending on your state, they will advise on the option with the most favorable outcome.
On top of that, it is wise to familiarize yourself with the liability laws applicable in your state. With such information in mind, you will have some bearing if you ever find yourself in the middle of such a case.
