Joint and Several Liability
If you were injured in a California personal injury accident, you may be entitled to damages (compensation) if another party caused, or contributed to, the accident. In some cases, it is clear that a single party’s negligent or wrongful conduct was entirely responsible for your injuries. Often, however, more than one party shares fault in a personal injury lawsuit. When more than one defendant is found to be at fault, the legal concept of joint and several liability applies.
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Understanding Comparative Fault
To understand how the doctrine of joint and several liability might apply to your personal injury case, you must first understand the concept of comparative fault. Torts is the area of the law that covers injuries to your person or property. As the law of torts developed, courts began to recognize that fault in personal injury accidents was frequently shared among two or more parties. Today, most states (including California) use the doctrine of comparative fault to apportion fault in a personal injury case. Comparative fault may be used when the plaintiff shares in the responsibility as well as when two or more defendants share the fault. For example, in a motor vehicle collision involving three vehicles, the plaintiff may be 20 percent at fault while the other two drivers are found to be 50 percent and 30 percent at fault. Conversely, if a hotel patron falls down a flight of stairs a premises liability lawsuit might result in the hotel being held 30 percent at fault and the maintenance company that recently repaired the stairs 70 percent at fault.
How Does Joint and Several Liability Work?
When two or more defendants are at fault in a personal injury case, the doctrine of joint and several liability can be an important tool for the plaintiff when it comes time to actually collect damages. An injured plaintiff may be entitled to both economic and non-economic damages. Economic damages are the out of pocket expenses that can objectively be valued, such as medical bills, lost wages, and repairs to your vehicle. Non-economic damages are the subjective harm suffered by a plaintiff, such as pain and suffering, emotional distress, and disfigurement. In California, multiple tortfeasors (defendants) are jointly liable for economic damages but severally liable for non-economic damages.
Joint liability means that even if multiple parties share fault in a personal injury accident, each defendant can be required to pay the entire amount of an economic damages settlement or award. Imagine, for instance, that you are injured in a pedestrian accident and accrue $100,000 in economic damages. You name the driver who hit you and the city (for a faulty pedestrian crossing light) as defendants. The motorist is found to be 60 percent at fault and the city 40 percent at fault. Unfortunately, the motorist did not have insurance and has no assets. Under California’s joint liability doctrine, you could collect 100 percent of your economic damages ($100,000) from the city even though they were only 40 percent at fault. The city would then be entitled to pursue the motorist for his/her share of the compensation paid to you in a contribution action.
Several liability applies to your non-economic damages, preventing you from collecting more than each defendant’s share from that defendant. In the pedestrian accident example used above, assume that you also suffered $300,000 in non-economic damages. The city would only be responsible for paying its 40 percent share, or $120,000. You would have to collect the remaining 60 percent ($180,000) from the motorist.
There is one exception to this rule. If the injuries were caused by an intentional tort and more than one defendant is found to be at fault, joint liability applies to both economic and non-economic damages. For example, if you are injured as a result of an assault and three separate parties are found to be at fault, you can collect the total amount of both your economic and non-economic damages from any of the three defendants.
Protecting Your Rights Under Joint and Several Liability
If you’ve been injured due to the negligence of multiple parties, joint and several liability laws may allow you to recover full compensation from any or several/all parties. Don’t wait—critical evidence can be lost, memories fade, and records may become unavailable over time. Contact us today to connect with an experienced and resourceful personal injury attorney who can evaluate your case. Starting early ensures the best opportunity to secure the justice and compensation you deserve. Let us help you move forward with confidence, victorious, and peace of mind.
