As a victim, if you sustain a personal injury in an accident, you are entitled to compensation from the liable parties. However, seeking compensation from the relevant party is not always straightforward, especially if your accident involves more than one liable person. Thus, you want to understand what joint and several liabilities in personal injury cases entail to help you receive compensation regardless of the liable parties.
Working with a personal injury attorney gives you a higher chance of achieving a positive case outcome. This is because your lawyer uses their knowledge and experience in personal injury law to help you build a solid case. At Orange County Personal Injury Attorney, you work with experienced lawyers to help you recover damages despite dealing with multiple liable parties.
Understanding What Joint and Several Liability Mean
When you pursue legal action against the parties liable for causing an accident, you will need to identify the potential defendants and the amount you expect to receive from them. However, not all personal injury cases are straightforward, as some accidents may involve two or more parties actively contributing to the collision.
As a result, you have the right to pursue legal action against any parties involved, provided they have some involvement in causing the collision. The legal rule applies by allowing an injured victim to expect compensation from any liable party, regardless of the negligence that caused the accident. Nevertheless, the presiding judge or jury will assess case facts to promote fairness.
Thanks to this legal rule, you should also note that you can seek compensation from a liable party even if they claim to be financially unstable through insolvency or insufficient funds. The provision serves as protection for accident victims who need monetary compensation. It ensures you recover for the damages suffered through any of the defendants or even a third party.
The legal rule also reduces the complications you will deal with by imposing the duty to determine the percentage of liability among the liable parties. Thus, you will only need to collect the monetary compensation from the persons and not worry about how to reach an agreement to distribute the funds.
While joint and several liability regulations should work in your favor as the accident victim, some parties may still apply malicious and fraudulent procedures to avoid making payments. Therefore, you need to work with a personal injury attorney who will help track the considerations held by the parties. Doing so will reduce the risk of underpayment or continuous delays from the liable parties in giving you the compensatory amount.
When Parties Becomes Jointly Liable
Joint liability involves a unique legal principle whereby all parties whose actions are attributable to your accident pay the compensatory amount. The consideration arises during and after trial, especially when the presiding judge issues orders concerning the exact amount payable to you.
Under joint liability, you may choose the specific party you expect payment from, regardless of their alleged financial position and their level of involvement in the accident. In return, the selected party will need to compensate you for the amount within a court-issued duration to comply with the civil law requirements.
Afterward, the party can pursue further action against other parties involved in your case to receive reimbursement for the money spent in paying your compensation fee. This is up to the liable parties to decide, as they must assess several factors.
Noteworthy, you want to choose a party that can meet your compensation demands with minimal resistance and delays. This will work in your favor and make it easier for the jointly liable parties to determine the reimbursement strategy.
Moreover, you should note that parties owe you the full compensation for joint liability cases. The court will specify the damages you can recover from this liability to avoid doubts and inconsistencies.
Based on practice and statutory provisions, an accident victim can only recover for economic losses under joint liability. Hence, you will operate within these confines when seeking compensation, and your injury attorney will help you establish the claims to raise.
Types of Economic Losses
Economic losses are quantifiable, meaning you can easily calculate and attach a monetary value to the claims. This, therefore, makes it easy to demand the full percentage of payment from the chosen liable party, as you will have come up with the amount in justifiable ways. Examples of quantifiable economic losses include:
Recovery for Medical Expenses
The expenses surrounding your medical treatment after involvement in an accident can add up quickly, especially if you lack medical cover. The experience is similar even for parties covered under an insurance plan, as you may need to undergo unexpected medical procedures like emergency surgery.
Moreover, additional procedures like imaging, continuous medication, and in-patient services contribute to the expensive medical bills most accident victims have to pay. This also extends to the medical prescriptions and additional procedures you receive. Hence, requesting an amount sufficient to cover the medical costs is a fair request, and most judges will allow it.
However, you will also need to justify your claims by providing proof of the monetary figures. For example, having your medical receipts in their original format is crucial to building credibility as you request the court consider your claims.
Doctors’ reports that recommended extended in-patient treatment and additional services may also be helpful, significantly when the liable party raises issues of high costs. Thus, your personal injury lawyer can help you consolidate these documents in preparation for your case.
Loss of Wages
Loss of wages after a personal injury accident is also common, mainly because you may need to recover for longer than expected. Consequently, you cannot go to work or oversee your business, resulting in lost wages.
As a result, you can present this claim under economic losses because it is fairly easy to quantify your figure. You can do this by calculating the salary or income you received before the accident and multiplying it by the number of months you will be unable to work. Presenting the specific amount works in your favor, especially if you can justify it through the calculations. Therefore, you are more likely to receive the full figure under the judge’s orders.
Serious Property Damage
Additionally, accident victims may suffer significant financial losses if they face serious property damage after an accident. Common instances include car wrecks, amounting to thousands of dollars in repair.
If you experienced property damage in your accident, you could request your attorney to liaise with a professional accident impact assessor to determine the best cost to request as compensation.
Also, you can use receipts from the mechanic you assigned to fix your vehicle, as they will bill their services accordingly. Requesting a statement from your car insurance provider can also be useful in pushing the jointly liable parties to provide the required compensatory amount.
Future Medical Expenses
Although you may exit the hospital after receiving intensive medical attention, you may still need continuous medical intervention. The circumstances vary depending on the severity of your injuries, as your body will need continuous observations from a qualified doctor.
For example, if you suffered a traumatic brain injury, your doctor may schedule multiple clinics within the subsequent months, resulting in additional medical costs. You may also receive a doctor’s recommendation to have a surgical procedure in the future to avoid any complications currently.
Due to this, you will need to factor in future medical expenses when raising your final figure for compensation. If you have the exact amounts you expect to spend on the future medical procedures, you want to include them in your statement of claim for more clarity to the jointly liable parties.
Loss of Earning Capacity
Some injuries may cause permanently reduced mobility, reducing your ability to work and earn. As a result, you are entitled to seek compensation for losing your earning capacity, especially if you were still on the rise in your career. However, any party can file for compensation provided they were employees during the accident.
In calculating the figure to ask for in lost earning potential, you should multiply the number of years left to retirement by the salary you earned in your job. In some cases, the judge may also authorize you to factor in any chances of promotions you had in coming up with the final figure.
Costs of Rehabilitative Treatment
Your recovery may require additional assistance through rehabilitative treatment. Many healthcare providers will recommend patients practice rehabilitative therapy daily, so you may need to employ an in-house caregiver. The circumstances are common after you suffer a spinal injury, or a severe limb fracture, as you may need to learn how to walk again.
Due to this, your total costs should include the expenses spent on rehabilitative treatment processes, as they require constant support. You can present the receipts or contract between you and your caregiver to give credibility to the amount you seek as compensation for the costs.
When Several Parties are Severally Liable
On the other hand, several parties may be liable to compensate you in specific circumstances. Several liability differs from joint liability because it requires each party to bear individual responsibility for your losses after the accident.
Thus, each party will pay a compensatory amount equivalent to their liability percentage in the case. Moreover, you should note that several liabilities only apply to parties when you claim recovery for non-economic losses. Hence, a party may be jointly and severally liable, but each liability works in specific circumstances.
Types of Non-Economic Losses
Non-economic losses include damages you face that are not easy to quantify due to their abstract nature. Therefore, the court may have to intervene in determining the best way to assign a monetary value to the type of claim you present. This calls for preparedness and an open mind as the judge determines the most suitable amount to assign for each claim. Examples of non-economic losses are:
Emotional Distress
The emotional distress following an accident can take a toll on you and your loved ones, especially if you have to deal with a different lifestyle. The court acknowledges the potential challenges you may face and is willing to help you recover from the distress. Your attorney can propose a figure appropriate for the claim, and the judge will consider whether the amount is proportionate to your experience.
Pain and Suffering
Doubtless, you will experience pain and suffering after sustaining personal injuries in an accident. Recovering from the experience is acceptable, as you may have had to deal with serious challenges before regaining your health. Hence, you can quantify your pain and suffering by sharing your experience in court. The judge will then assign a figure based on the details you share to help you overcome the difficult experience.
Reduced Quality of Life
After losing your ability to work and overall health, your quality of life is likely to decrease. For example, you may be unable to be completely independent because of severe injury, so you may lack the privacy or sense of self-actualization you need. Subsequently, you can seek compensation for this setback from the various liable parties in your case to help improve your conditions.
Body Disfigurement
Since reconstructive surgery often falls within the second category of medical treatment, you can raise a claim related to body disfigurement under non-economic losses. This is because having surgery is elective, meaning you can live without it. Nonetheless, you are entitled to retain as much of your old life as possible, so the court may consider a claim for expenses to cater to your body disfigurement.
Loss of Consortium
Losing a loved one’s company and affection after a wrongful death or severe injuries in an accident can also harm you. Choosing to seek compensation for loss of consortium can help you progress towards recovery, as you can seek therapy or other beneficial services with the awarded amount.
The Contribution Trial
After choosing a party to compensate you under joint liability, they are entitled to pursue further action to recover the monetary figure paid to you. This is possible through a contribution trial, whereby the party seeks reimbursement for part of the compensatory figure from other jointly liable parties.
During the contribution trial, the parties to the case need to determine the best way to repay the claimant(who compensated you) suing to recover their money. However, if they cannot agree on a fair liability percentage, the presiding judge or jury will step in and use their discretion to provide an order accordingly.
While the contribution trial involves all jointly liable parties, the circumstances may change were one of the liable parties knowingly caused the accident. In this case, they should bear the costs in total because they were aware of the potential impact of their actions.
Usually, you do not have to involve yourself in the contribution trial because you will have already received your compensatory figure. Thus, you can avoid attending the trial unless you are interested in observing how the subsequent suit concludes.
The Judge or Jury’s Discretion in Determining Fault Percentage
If the presiding judge or jury has to step in to determine each party’s fault percentage, they will consider various factors surrounding the accident. For example, they may vet each party on their compliance with road signs and traffic lights and their adherence to speed limits. These questions will then help the judge issue appropriate liability percentage orders at their discretion.
Recovering Your Compensatory Payments
Receiving your compensatory amount should be reasonably straightforward, especially after the judge issues a declaratory order. Therefore, you will only need to serve the liable party with the order and request them to comply with the legal timeframe.
If the party delays or refuses to pay you, you can forward the matter to the court that handled your injury case for further action. Your injury attorney can help you present your issues and request a speedy resolution, especially if you urgently need the funds.
Find a Orange County Personal Injury Lawyer Near Me
Navigating a case involving joint or several liabilities can be challenging, especially without legal assistance. This is because of the various technicalities that could hinder your chances of recovering your damages, especially if you are unfamiliar with the court process. Hence, having a personal injury attorney to help is crucial to your case. Thanks to their input, you can expect a smoother recovery process that focuses on helping you receive your rightful compensation from the liable party.
Furthermore, your attorney will represent you in court to ensure your arguments are well articulated. At Orange County Personal Injury Attorney, we work hard to provide our clients with quality legal services to help them recover damages after an accident. We aim to ensure you have an easy time in your case by conducting due diligence, case preparations, and follow-ups. For more information on joint and several liability, call us at 714-876-1959.
