You can seek compensation for injuries or damages sustained as a result of the negligence of another party. To receive compensation from the at-fault party’s insurance policy, you will typically file a personal injury case. It is not always easy and you need to consider many factors when determining liability and proving damages. You need to understand whether your claim might be subject to joint or multiple liability.
- First, determine who is responsible for your injuries – Before you can file a California personal injury lawsuit, you need to identify the person against whom you are filing it. This is the legal party responsible for paying your damages. When you file an insurance claim, or a lawsuit, it is important to identify the correct person or persons. You will need to identify each defendant or party liable if more than one person is responsible in your personal injury case. Here are the concepts of joint and multiple liability
- Personal Injuries where there may be multiple defendants – There may be multiple liable parties depending on the circumstances of your injuries. For example, if you are involved in slip-and-fall cases, there could be multiple defendants. Multiple defendants may be involved in medical malpractice claims.
Why is it important to name all responsible parties in your personal injury claim?
Many people believe that it would be easier to choose one party in a personal injury case to receive compensation. This is possible according to California law and the concepts joint liability and multiple liability. This means you can legally recover damages from any defendant, or multiple defendants.
California is a bit different. While comparative negligence is still applicable, there are differences between economic or non-economic damages. All economic damages, including medical bills and lost wages, could be claimed by any of the liable defendants. No matter what liability they may have, this is joint liability. This is called joint liability. Each defendant is responsible only for their share of non-economic damages, such as pain and suffering and loss of quality of life.
Summarized from an article by Sargent Law Firm.
