Can I File an Injury Claim Against More Than One Party?

In many types of personal injury cases in Escondido and throughout North County, more than one party may be responsible for causing another party’s injuries. For example, in a motor vehicle collision, a pileup accident might have resulted from one driver’s distracted driving and another’s speeding, all of which led to damage to a third vehicle and injuries to that vehicle’s occupants. The drivers in the first and second cars may be liable. For example, in a nursing home negligence case, both the nursing home and a specific health care provider may be liable for the elderly resident’s injuries.

There are a wide range of circumstances in which two or more parties could bear some responsibility for a plaintiff’s injuries. But, you may be wondering: do I have to choose one defendant against whom I will file an Escondido personal injury lawsuit, or can I file an injury claim against more than one party? In short, you can file a lawsuit against more than one party, but you may not need to do so. Our Escondido personal injury attorneys can explain in more detail.

Joint and Several Liability in California

California has what is known as “joint and several liability” law, which means that any liable party — i.e., any party who is responsible for compensating you for your injuries — will be completely responsible for all of your economic damages. Accordingly, you can file a lawsuit against just one of the liable parties and receive the full amount of economic damages to which you are entitled.

For example, if Driver 1 and Driver 2 are both liable but you know that Driver 2 has deeper pockets, you can file a lawsuit solely against Driver 2, and Driver 2 can be required to pay all of your economic damages. Economic damages, or economic losses, include direct and objective losses such as your medical bills and lost wages. It is up to Driver 2, then, to decide whether they want to move forward with a claim against Driver 1 to seek reimbursement for Driver 1’s portion.

Apportioning Fault and Damages in Cases with Multiple Defendants

While California’s joint and several liability law can be helpful in many ways, it only applies to economic damages. If you plan to seek substantial noneconomic damages (such as for pain and suffering), you will need to file a lawsuit against all parties that are liable in order to receive the full amount of noneconomic damages. At that point, damages can be apportioned between or among the defendants.

According to California’s Civil Jury Instructions, the court will be responsible for assigning percentages of responsibility to each of the defendants in the verdict.

Contact a Escondido Personal Injury Attorney Today

If you were injured in any type of accident where more than one party may be liable, it is important to seek legal advice about your next steps. Depending on the nature of the case and your injuries, and the parties involved, you may benefit from filing a claim against just one of the liable parties or from naming multiple parties as defendants in your personal injury lawsuit. One of the experienced Escondido personal injury lawyers at our firm is here to assist you. Contact the Walton Law Firm to begin working on your case.

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