Some accidents and injuries are caused by the actions of one party. However, others can have several root causes. If your personal injury case falls into the latter category, it becomes more complex.
One way to make the case more manageable and keep legal costs in check is to sue multiple parties in one lawsuit. How does this work? Here's what you need to know.
What Are Joint Tortfeasors?
If more than one party could be liable for harm done to you, you may generally sue them in one single court case. These co-defendants are known as joint tortfeasors.
The liability must stem from the same cause of action (or, one incident). However, the manner in which each party contributed to your injuries may vary. Perhaps Driver A was texting and ran into Driver B, who was running a red light. Driver B then slammed into you. You may pursue damages from both drivers for their shared fault.
Who Has to Pay You?
If you decide to streamline your case by suing multiple parties, this can increase your chances of getting at least some of the damages you seek. However, it doesn't double or triple those damages when two or three defendants are involved.
Depending on your state's tort laws, all defendants as a group may be liable for the full amount of damages granted to you by the jury. However, their own personal liability may be only for the percentage of fault assigned to them by that jury.
Can You Add Parties Later?
What if you find out about a potentially liable party later in the process? For instance, after you begin a case to sue Driver A, you discover that they were running an errand for their employer. That employer may be liable for the actions of their employee under a legal doctrine known as respondeat superior.
In this case, you may petition the judge to permit you to add Driver A's employer as a co-defendant, or joint tortfeasor. This is known as a joinder. Joinders may be permissive — at the judge's discretion — or necessary, in a case where full liability can only be determined if everyone is involved.
Where Can You Learn More?
Do you need to sue more than one party? Could your case work better if you added other necessary parties to it? Find out by meeting with a personal injury attorney in your state today.
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