Joint and Several Liability: What Is It and How Does It Work?

Joint and several liability rules are provided by the law and applied in many states in the United States. Under these rules, even when someone shares blame for harm caused, they can take responsibility for the victim's full compensation. So, what are joint and several liabilities? How does the rule work? What does it mean for your case?

Image from Depositphotos

The Definition of Joint and Several Liabilities

The legal doctrine of joint and several liabilities applies when multiple companies or people are responsible for harming or damaging someone. Each responsible entity is called a tortfeasor, and a plaintiff can sue them to recover compensation for losses. Under these rules, tortfeasors provide the entire compensation amount awarded to the plaintiff, regardless of their portion of responsibility.

However, if a tortfeasor pays more than their fair share of the damages, they can seek contributions from other co-tortfeasors. Nevertheless, there is a good chance that the other defendants will not have money to pay. Many states do not follow this doctrine, but that of several pure liabilities, where each tortfeasor is only responsible for their share of the damages. It’s always a good idea to seek assistance from an experienced and reputed attorney or organization like Felix Gonzalez Law Firm in such situations.

How Joint and Several Liability Works

According to the joint and several liability rules, a plaintiff can sue defendants who are responsible for causing harm. If they succeed and are awarded monetary compensation, they can collect it from any or all the at-fault defendants. This rule gives the plaintiff the best chance of getting a fair settlement. That is because they can get what they are owed from the defendant, who can most likely pay it. The defendant who pays more than they should can lay the claim for contribution from other defendants.

Even if multiple parties have a part to play in a victim's injuries, the latter can only recover the awarded compensation. For example, if an accident caused by two people costs someone $100,000 in losses, they can only get that sum from either party. In other words, they can get at most $100,000 from both sources.

Motorcycle Accidents: How Lawyers Can Help Establish Liability

In What Types of Cases Do Joint and Several Liabilities Exist?

Joint and several liabilities exist where more than one person is responsible for causing harm. These cases include injuries, property damage, medical negligence, motor vehicle accidents, and defective products. For instance, let us say two drivers caused an accident that caused injuries to a third party. These two drivers could both be jointly and severally liable if their state applies the rule.

What Are the Advantages and Disadvantages of Joint and Several Liabilities?

Joint and several liabilities are beneficial because plaintiffs have a higher chance of compensation for their losses. Provided that at least one co-defendant can cover all the damages, the plaintiff will be fully compensated for damages. The disadvantage is that a defendant could end up bearing more than their fair share of the blame. Imagine someone who is only 5% to blame for an accident paying all the awarded damages simply because they can afford it. If your state applies these rules, you ultimately have no choice; you have to pay what is demanded.

Accident victims typically do not have a say in whether these rules apply to their case or not. The state law decides whether joint and several liability will apply. However, you should always hire an experienced personal injury attorney if you were hurt in an accident. They possess a wealth of experience, connections, and knowledge of the law that allows them to delve deeper into the nuances of your case and fight for justice. By leveraging this, they can help you determine the specific rules that apply to your state and how they affect your case while ensuring you get fair compensation.

The Importance of Hiring an Experienced Head