Probably, you have heard about joint and several liability as far as litigation is concerned. It is a doctrine in which more than two parties share liability individually and jointly. It allows you, the plaintiff, to take legal action against thedefendants individually or jointly, making it easier to receive full compensation from the defendant(s). In other words, it is a situation where at least two defendants are responsible for an accident regardless of their fault percentage. Moreover, it remains up to the liable parties to decide how to compensate the defendant who pays the plaintiff their portion of the sum awarded in the case.

Please continue reading this article to learn when and how the legal doctrine works in Las Vegas.

Defining Joint and Several Liability

Joint liability means at least one person shares the responsibility for your injuries. People who share liability for wrongful conduct or outcomes are called joint tortfeasors. They can be at least two people who:

  • Acted in concert (jointly) to engage in wrongful conduct

  • Acted individually, but their conduct resulted in a single and indivisible injury

On the other hand, in several liability, a plaintiff can sue a defendant for an injury without suing other responsible parties.

This doctrine allows a victim injured by joint tortfeasors to receive 100% of their compensation from one defendant or not every defendant. It makes it seamless for plaintiffs to obtain compensation in cases where you cannot sue at least one defendant due to a residency in a different state or insolvency.

Why Joint and Several Liability is Important

When responsible parties share joint and several liability, it is not a must for the plaintiff to take legal action against every defendant to obtain compensation. While the plaintiff can press charges against all defendants if they wish, every defendant is accountable for one hundred percent of the victim’s damages.

The legal doctrine intends to protect an injured person from failing to receive compensation following their injuries and places the duty of deciding the liability percentage on the defendants. It guarantees that even when the main defendant is judgment-proof, insolvent, or poor, the plaintiff can pursue other defendants for the damages.

If you receive compensation from not more than all defendants, the losing defendant can pursue contribution from the other liable parties.

The compensation rule does not permit plaintiffs to receive more than one hundred percent of their damages by taking legal action against one defendant. Your case is resolved if you recover satisfactory compensation in a settlement or lawsuit with one responsible party.

Suppose you recovered some damages before proceeding to a trial. In this case, the judge or jury will reduce the recovery subsequently received against other defendants by the compensation amount you previously obtained.

How Joint and Several Liability Works?

The legal doctrine is limited and applies in a few negligence cases.

According to Nevada Revised Statutes 41.141(5), liable parties are jointly accountable for actions based on:

  • Disposal, spillage, and emission of hazardous or toxic substances

  • An intentional tort

  • Strict liability

  • Injuries to any individual or property stemming from products that are manufactured, sold, used, or distributed in Nevada.

  • The concerted acts of the defendants

Please note that concerted acts of the defendants do not include any negligent act committed by health care providers while collaborating to treat a patient.

Defining Contribution

Contribution means the legal action filed between the parties who caused your injuries. When one defendant is held accountable for the total damages, they can take legal action against the other defendants for their portion of the liability.

Nonetheless, the contribution is unavailable when one person intentionally causes injuries unless other defendants also deliberately caused the injuries. The plaintiff is not involved in the contribution process.

How Fault is Determined

If your case proceeds to trial, the trier of fact determines the portion of fault every defendant played in causing your injuries. The trier of fact is the judge in a bench trial and the jury in a jury trial.

In contribution legal action, the accountable parties can press charges for funds from one another in amounts corresponding to their percentage of fault.

Recoverable Damages and Total Compensation Amount Received

One question plaintiffs ask is, “What is the total worth of the case?” Well, many factors affect the compensation amount, including:

  • Severity and type of your injuries — You will receive a larger compensation award if your injury is life-altering and severe.

  • Lost wages — You will receive more compensation if your injury is so serious that you cannot return to work or work at the same capacity as you could before your accident.

  • Age — An individual severely injured while young will be awarded more compensation amount because their life expectancy is longer.

  • Your pre-existing health condition or general health — Typically, defendants try to lower the compensation amount by analyzing the plaintiff’s medical and health records to check if the plaintiffs have pre-existing diseases.

Different Damages Awarded

You are entitled to receive both non-economic and economic damages.

Economic Damages

Economic damages are damages the plaintiff has suffered that are easy to place a dollar amount. They cover out-of-pocket bills the plaintiff has spent or will spend in the future.

They include:

  • Medical bills (both current and future medical bills)

  • Rehabilitation costs

  • Lost earning capacity

  • Loss of income

  • Property damage

Non-Economic Damages

Typically, these are subjective. Thus, it is more challenging to place a monetary value apart from the value the jury or judge has determined. Some of the damages you can recover include:

  • Emotional distress

  • Disfigurement

  • Loss of life enjoyment

  • Pain and suffering

  • Physical impairment

  • Loss of consortium

There is no cap on your non-economic damages awarded. It means that the defendant(s) will pay any value the jury finds reasonable.

However, in a medical malpractice case, pain and suffering damages are capped at $350,000. The cap applies irrespective of the number of defendants.

All liable defendants should pay the total damages amount corresponding to their portion of responsibility. Please note that it is impossible to recover total compensation from one defendant with non-economic damages.

Criticism of Joint and Several Liability

The compensation rule in question can lead to severe inequities.

For instance, a person who is only 20% accountable for an accident who is jointly and severally responsible with a defendant that is 90% liable for an accident can bear the financial burden of the total damages, even if their conduct was minor.

Understanding the Difference Between Comparative Negligence and Joint and Several Liability

The latter does not apply when several parties negligently wrong the plaintiff. On the other hand, the comparative negligence rule (negligence cases) requires that percentages of accountability are assigned to all negligent parties.

So, what happens if your case entails intentional tortfeasors and negligent parties?

Sometimes at least one defendant acts with negligence while another deliberately. The Nevada Supreme Court considered Café Moda v. Palma case.

In this case, two (2) restaurant patrons fought, where one stabbed the other with a knife. The injured parties took legal action against the business enterprise for failing to stop the attack and their assailant for the intentional assault. The jury concluded that the restaurant and assailant were 20% and 80%, respectively, responsible for the plaintiff’s injuries.

The alleged victim sought to receive 100% of their compensation from the eatery because the intentional conduct injured them. They had the right to receive compensation from either defendant per Nevada Revised Statutes 41.141(5).

Therefore, the restaurant that acted with negligence was accountable for twenty percent of the total damages. However, the patron who acted purposefully is 100% liable for the victim’s damages.

Why You Require Legal Representation

Attempting to handle your case on your own can complicate the matter. If you are unsure how to handle the case, you can consult with an attorney to find out if legal representation is worth the cost.

Here are the benefits of hiring a lawyer:

  • Experience with similar cases — Many years of experience and knowledge in law and prior case history can save you research, money, and time.

  • You will not pay any attorney fees unless you win the case — Many seasoned personal injury lawyers work on a contingency fee basis. In other words, you do not owe them fees unless they win the case, and their fee will originate from your settlement. You do not require an up-front payment.

  • Save you time — Following your injuries, you will not have all the time to request medical records, review police reports, and communicate with the defendants’ insurance providers. Your lawyer will skillfully handle this for you, allowing you to focus on your recovery and offering peace of mind.

  • They provide objectivity — Since you are angry, injured, and frustrated, it can be challenging to be rational and make informed decisions. Your lawyer will objectively and carefully analyze evidence to build a strong case.

  • Understands the legal process— Navigating the joint and several liability process can be confusing and challenging, and a mistake can result in considerably reduced or delayed payout. Your lawyer will work with you to gather evidence, deal with defendants and assist you in understanding the law. Moreover, they are familiar with the courts, which will go a long way in expediting the claim process.

How to Maximize Your Compensation Amount

What you do following your injuries matters and can help you receive the maximum amount possible. Discussed below are different ways to maximize your compensation amount.

Collect and Preserve Evidence

The jury will decide the case by analyzing your evidence. Even the defendants will decide whether to offer you a fair settlement based on how strong your case is. In other words, the more proof you have, the greater the chance of prevailing in your case.

Do Not Rush Through Compensation Offers

When you are injured and probably out of work, you are understandably eager to get back on your feet. You can even be tempted to take the initial offer that comes your way. Acting so could be cutting yourself short.

Instead, seek legal representation. Your lawyer can help you build a solid case offer.

Also, convince the defendant about your case’s strength and the insufficiency of the settlement amount. It shows the defendant that you understand what you deserve.

Seek Immediate Medical Attention

After your accident, you should seek immediate medical care even if you have no visible injuries. Some injuries take more time before manifesting.

Also, visiting a doctor offers the essential medical evidence required to establish the accident caused the injuries. Delaying or failing to seek medical care can lead to the defendant(s) contesting the seriousness of your injuries.

Evaluate Your Future Damages

When evaluating your future damages and injuries, do not forget to include expected and future damages that you might incur. For instance, if you sustained a spinal cord injury, the injury will have lifelong effects like lost earning capacity, future medical expenses, and rehabilitation services.

Your lawyer should help you evaluate all damages for how much they should cost.

Stay Away from Social Media

While you can post your frustrations with your accident defendants on social media, it can hurt the chances of maximizing your compensation if you make inappropriate admissions or statements. The internet does not forget your posts; the defendants can use your posts against you.

Ensure You Attend All Your Physician’s Appointment and Follow the Treatment Plan

Do not tough it out and stop following your treatment plan. Sometimes complications from injuries can take time before manifesting, and by the time you cannot stand them anymore, it can be too late to receive compensation.

Medical records can help you demonstrate the seriousness of your injuries, how well you have recovered and how long it will take to recover. Detailed records can also show what you will require in the future.

Find Skilled Legal Assistance Near Me

When several parties are identified as defendants, the rule of joint and several liability come into play. The rule allows you to hold every tortfeasor or defendant individually, or collectively accountable for the total compensation amount. However, receiving compensation is not as easy as it seems. Las Vegas Personal Injury Attorney Law Firm is skilled, result-oriented, and dedicated to ensuring you receive the compensation you deserve. If your case involves multiple defendants, do not attempt to resolve the matter alone. Our legal team can listen to you, review the accident circumstances, and protect your rights. Please contact us at 702-996-1224 to schedule a no-obligation initial consultation.