What Is Joint and Several Liability in a PI Claim?

Joint and several liability is a legal doctrine that determines how damages are divided among multiple parties in a personal injury case when more than one party is responsible for causing the injury. Under this system, each defendant (the party being sued) can be held individually and fully responsible for the entire amount of damages, regardless of their share of fault. This means that if one defendant is unable to pay their portion of the damages, the other defendants can be required to cover the entire award.

1. Multiple Defendants:
• In a personal injury case, there may be multiple parties (defendants) whose actions contributed to the injury. Examples include if you are injured in a three-car accident involving two other drivers, or if a defective product was manufactured by one company and sold by another.
2. How Joint and Several Liability Works:
• When joint and several liability applies, you (the plaintiff) can recover the full amount of damages from any one of the defendants, even if that defendant is only partially at fault.
• For instance, if the court determines that the two defendants are each 50% at fault for the accident, but one of them has limited financial resources or no insurance, you could choose to collect the entire amount of the damages from the other defendant, regardless of their share of fault.
3. Apportionment of Fault:
• In a case with joint and several liability, the court typically determines how much each defendant is at fault. However, the plaintiff does not need to go after each defendant for their proportionate share of the damages.
• If one defendant pays more than their fair share of the damages, they can seek to recover the excess amount from the other responsible parties through a process known as contribution.
4. Contribution:
• After one defendant pays the entire judgment, that defendant can sue the other parties to recover a portion of what they paid based on their degree of fault. For example, if Defendant A pays the full amount and Defendant B is found to be 30% at fault, Defendant A may seek to recover 30% of the damages from Defendant B.
5. Example:
• Let’s say you’re injured in a car accident, and there are two defendants involved: Driver A (who is 70% at fault) and Driver B (who is 30% at fault).
• If your damages are $100,000, you can choose to collect the entire $100,000 from either Driver A or Driver B. If Driver A is financially incapable of paying, you can collect the full amount from Driver B, even though Driver A was more at-fault.
• If Driver B pays the full $100,000, they could later seek to recover 70% from Driver A (or $30,000).

• Joint and Several Liability: In this system, each defendant can be held fully responsible for the entire amount of damages, even if they are not fully at fault. The plaintiff can pursue the full compensation from one or more defendants, regardless of their percentage of fault.
• Comparative Fault (or Comparative Negligence): This system allocates damages based on the percentage of fault assigned to each party. The plaintiff’s compensation is reduced in proportion to their degree of fault, and the defendants are only responsible for their share of the damages.

• Scenario:
• You are in a car accident, and two drivers (Driver A and Driver B) are at fault. The total damages are $100,000.
• The court finds Driver A is 80% at fault, and Driver B is 20% at fault.
• Under joint and several liability, you can choose to collect the full $100,000 from either Driver A or Driver B, regardless of their respective degrees of fault.
• If Driver A has limited financial resources and cannot pay, you could go after Driver B for the entire $100,000.
• If Driver B pays the full amount, they can attempt to recover 80% ($80,000) from Driver A.

• Protection for the Plaintiff: This rule benefits plaintiffs because it provides a greater chance of recovering the full amount of their damages, even if one or more defendants are financially unable to pay their share. This is especially important when large companies try to shield themselves from liability by hiring third parties without assets that use risky practices for the benefit of the large company.
• Risk to Defendants: Defendants face the risk of having to pay more than their share of the damages if other parties are unable to contribute, making the defendant with more resources a potential target for claims.

• Potential for Unfairness: Some argue that joint and several liability can lead to unfair outcomes, particularly if one defendant is significantly less at fault than the others but ends up bearing the entire financial burden.
• Inequity Between Defendants: If one defendant is unable to pay or is judgment-proof (for example, if they are uninsured or bankrupt), the other defendants may be forced to pay more than their fair share of the damages.

Joint and several liability is a rule that allows a plaintiff to recover the full amount of damages from any one or more of the defendants, regardless of each defendant’s share of fault. This ensures that the injured party has a higher chance of receiving full compensation, but it also creates potential financial risks for defendants, especially if others are unable to pay their share. Understanding how this rule works is crucial for both plaintiffs and defendants in a personal injury case.

If you have questions about joint and several liability, call the Lowell, MassachusettsPersonal Injury Lawyers at Marcotte Law Firm for a free, no obligation consultation.