How Does Joint And Several Liability Impact A Personal Injury Case?

Personal injury accidents like car collisions often involve several parties. Whenever someone is partially to blame for a motor vehicle accident, they could be listed as a defendant and obligated to pay damages if found to be responsible for the plaintiff’s injuries. The rule of joint and several liability applies when there are multiple defendants. New York State’s joint and several liability law allows plaintiffs to hold defendants, individually or collectively, accountable for the total amount of their damages. In these cases, the plaintiff should consider how many defendants were involved, what percentage of fault can be allocated to each party, and each defendant’s automobile insurance policy coverage limits. Many drivers only carry New York’s minimum car insurance liability limits. While this may seem like enough coverage, the damages owed to victims in severe motor vehicle accidents often exceed these amounts.

Joint Liability Vs. Joint And Several Liability

Joint and joint and several liability legal principles allow victims to hold multiple defendants accountable for their actions. Joint liability differs from joint and several liability in that, in the first instance, the responsibility is spread equally among all of the defendants. In the latter, the responsibility shifts depending on the determined percentage of each defendant’s liability. A judge or a jury typically makes this determination. In New York State, defendants generally are held joint and severally responsible.

Joint And Several Liability And Non-Economic Damages

Although numerous exceptions exist, like intentional acts, motor vehicle liability, and non-delegable duties, New York State has largely eliminated joint and several liability for non-economic damages. Consequently, if a defendant is found to be liable for 50 percent or less of the total damages, that defendant’s responsibility for non-economic damages would be limited to their share of liability. Assuming that defendant is found to be only 15 percent at fault for the plaintiff’s injuries, that defendant would only be liable for 15 percent of the plaintiff’s non-economic damages, such as pain and suffering, loss of consortium, or loss of enjoyment.

Do You Need More Information Regarding New York State’s Joint And Several Liability Laws?

The battle-tested personal injury lawyers of the Dietrich Law Firm P.C. have the knowledge, skills, and experience necessary to hold all liable parties responsible for the harm that they have caused you. Our elite Buffalo, New York team understands the complexities and nuances of joint and several liability. Jed Dietrich, Esq., recognized for his high level of achievement and professional reputation, will fervently fight for you to win the compensation you deserve. Please get in touch with us now by dialing 716-839-3939 or by filling out our online consultation form so we can start helping you!