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Joint and Several Liability

Fairfax Injury Lawyer Brien Roche Addresses Joint and Several Liability

Brien Roche

For any type of injury you may suffer there may be more than one cause of your injury. That dual causation creates the potential for joint and several liability. In other words more than one person may be liable. In addition all of those persons may be 100% liable. That is joint and several.

The mere fact that there is more than one cause does not mean that you have to sue all parties responsible for your injury.  Any person who is a cause of injury to another person may be made to pay for that injury. This is true even though there may be other persons whose fault concurred to also cause damage.

This concept of concurring negligence does not insulate one party from liability for their own acts. Each party is liable 100%. Call, or contact us for a free consult.

Joint and Several Liability Is A Fundamental Of Tort Law

If in fact one of the liable parties pays 100% of that liability, then that person would have a claim for contribution against the other responsible person for 50% of what they paid.

To put this in more concrete terms if in fact you are involved in a intersection collision and there are two other autos that are the cause of the crash you have a right to sue either one or both of those drivers.  You may decide that you are only going to sue one of them. Whatever amount is awarded by the Court or jury is the total amount that you can recover.  If you decide to sue both drivers, then the amount awarded to you by the Judge or jury is the amount that you can collect against either one or both of the drivers.  However you cannot collect more than the amount awarded by the Court or jury. 

The so-called “tort reformers” for years have been trying to rescind the concept of joint and several liability. Their reason is that it creates excess liability for corporations. That effort has been successful in some states but not in Virginia.

Call, or contact us for a free consult. Learn more about joint and several liability in my book entitled Law 101 and see the pages on Wikipedia.

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Contact Us For A Free Consultation

Joint and Several Liability

Fairfax Injury Lawyer Brien Roche Addresses Joint and Several Liability

Brien Roche

For any type of injury you may suffer there may be more than one cause of your injury. That dual causation creates the potential for joint and several liability. In other words more than one person may be liable. In addition all of those persons may be 100% liable. That is joint and several.

The mere fact that there is more than one cause does not mean that you have to sue all parties responsible for your injury.  Any person who is a cause of injury to another person may be made to pay for that injury. This is true even though there may be other persons whose fault concurred to also cause damage.

This concept of concurring negligence does not insulate one party from liability for their own acts. Each party is liable 100%. Call, or contact us for a free consult.

Joint and Several Liability Is A Fundamental Of Tort Law

If in fact one of the liable parties pays 100% of that liability, then that person would have a claim for contribution against the other responsible person for 50% of what they paid.

To put this in more concrete terms if in fact you are involved in a intersection collision and there are two other autos that are the cause of the crash you have a right to sue either one or both of those drivers.  You may decide that you are only going to sue one of them. Whatever amount is awarded by the Court or jury is the total amount that you can recover.  If you decide to sue both drivers, then the amount awarded to you by the Judge or jury is the amount that you can collect against either one or both of the drivers.  However you cannot collect more than the amount awarded by the Court or jury. 

The so-called “tort reformers” for years have been trying to rescind the concept of joint and several liability. Their reason is that it creates excess liability for corporations. That effort has been successful in some states but not in Virginia.

Call, or contact us for a free consult. Learn more about joint and several liability in my book entitled Law 101 and see the pages on Wikipedia.

Contact Us For A Free Consultation

Contact Us For A Free Consultation