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Personal injury lawsuits are not always as cut and dry as they seem. You may learn that more than one party played a role in your injury. The good news is that you can hold each one of them responsible. While this may not increase the amount of your compensation, it could raise the chances of obtaining a full settlement check.
Learn if you have a case by scheduling a free initial consultation with the Beaufort personal injury attorneys at Schiller & Hamilton today.
Identifying Multiple Defendants in Personal Injury Cases
Initially, you may not know who was to blame for your accident. In the aftermath of the accident, you may be left with personal injuries and a general idea of what happened. However, there may be more information that comes to light in the aftermath. For example, you could have been injured in a car accident where the other driver was negligent, but after an investigation, you realize the vehicle itself was defective.
An experienced personal injury lawyer would conduct an extensive investigation in the days and weeks after your accident, reviewing the facts and obtaining evidence that could help you determine who may be responsible. This knowledge may be information that you can’t obtain if you handle your case on your own.
The Advantages of Suing Multiple Defendants
You may have suffered considerable damages due to your injury, but not every defendant has the resources and ability to pay you for what you have lost. A driver may not have enough insurance coverage to pay you because they have opted for a low-cost policy. In a case like that, it could be difficult to collect a judgment from them, even if you win in court. You could look for other defendants who may have additional resources and potentially sue them.
An example is when a driver is on the job at the time of the accident. You could then sue both the driver personally and the employer. A company has deeper pockets and a larger amount of insurance coverage. Or you could pursue the company’s assets if they have insufficient insurance coverage. You may also sue multiple defendants in a product liability case—both the manufacturer and the company that sold the product to you.
Suing multiple defendants can also reduce your risk of losing the case. The defendant you believe to be responsible may not have been the one to blame. If you only sue them, you could win nothing at all because you have filed an action against the wrong defendant. Naming everyone who played a role in your accident could increase the chances of proving that someone did something wrong.
The Rule of Joint and Several Liability
In every personal injury case, there is a rule called joint and several liability. This means that all defendants are equally liable for the damages they have caused up to the total amount of the award. If one of the named defendants cannot pay, the others must make up the shortfall, so you are fully compensated for your losses. You do not have to bear the risk that one party may not be financially solvent or does not have the necessary insurance coverage to pay for your damages.
If you win your case, it is not on you to determine how much each defendant must pay you. It is up to them to determine amongst themselves how much each contributes. A court may proportion liabilities among the parties and direct them on how much they each must pay you. All you need to do is win your case and prove your damages, and you can receive the full amount to which you are entitled.
The Challenges of Cases Involving Multiple Defendants
Multiple defendants also mean that there are multiple insurance companies and attorneys involved in your case. Each one may use their delaying tactics and try to add barriers to your case. You would also need to communicate with numerous entities during settlement negotiations.
If your case goes to court, you will need to build evidence against each defendant. This would involve depositions and document requests during the discovery process and would certainly result in more complex litigation that requires the experience of an attorney.
The Role of Comparative Fault in Multi-Defendant Cases
South Carolina uses the law of comparative negligence in personal injury cases. If you are more than 50% to blame for the accident, you will not receive any compensation whatsoever. If you were less than 50% to blame for what happened, your settlement check would be reduced by the amount of blame you bear.
These rules still apply when there are multiple defendants involved in your case. A court would total the fault that each defendant bears and compare it to your potential fault for the accident.
You would still be barred from receiving any compensation if you are more than 50% to blame for the accident, and your attorney would need to defend you from any possible allegations to preserve your right to full and fair financial compensation.
Reach Out to an Experienced Beaufort Personal Injury Lawyer
To learn more about suing multiple defendants in a personal injury case, contact the experienced accident lawyers at Schiller & Hamilton today. We will perform a full investigation of what happened and, if appropriate, help you file a lawsuit with multiple defendants. You can get in touch with one of our lawyers today by calling us at 803-902-4583 or by sending us a message through our website. We will perform an immediate review of your case to help you learn of your legal options.