How Does Joint and Several Liability Impact a Personal Injury Case?

Many personal injury cases involve a single plaintiff and defendant, but this is not always the case. Some cases may involve multiple defendants. So, how is liability divided when two or more parties are responsible for an injury? If you’re the victim, who do you pursue for compensation? These questions are addressed through the legal concept of joint and several liability.

Background: New York’s “Pure Comparative Fault” System

New York follows a pure comparative fault system, which distributes liability based on each party’s degree of fault. The court assesses the relative fault of all parties involved, including the plaintiff who initiated the lawsuit.

For example, the court might assign 30% of the fault to the plaintiff, 45% to one defendant, and 25% to another. In this case, the plaintiff would be responsible for 30% of the damages and could only recover the remaining 70% from the defendants.

Joint and Several Liability

If you’re the plaintiff and win a lawsuit involving multiple defendants, joint and several liability works in your favor. Under this system, each defendant is fully responsible for the total amount of damages, regardless of their individual degree of fault.

For example, if the first defendant is unable to pay the damages they owe but the second defendant can afford to pay more, you can still pursue the full $70,000 you are entitled to from the second defendant. Even though they are only 25% at fault, they may be required to pay up to 70% of your damages, depending on their ability to pay.

This benefits you by giving you the option to pursue your full damages from the defendant with the greatest financial resources, ensuring you’re compensated for all your losses (minus your own share of fault).

Contribution

Suppose the second defendant pays you $70,000, even though they were only 25% at fault for a $100,000 claim, paying $45,000 more than their share, while the first defendant pays nothing, despite owing $45,000. If the first defendant later inherits money, can the second defendant sue the first defendant to recover the $45,000 they overpaid? The answer is yes, as long as it’s within the statute of limitations. This process is known as contribution.

Chris O’Brien

Chris O’Brien is a nationally recognized personal injury attorney with over 30 years of experience fighting for accident victims in Western New York. A founding partner at O’Brien & Ford, he has helped recover millions for clients and built a reputation as a top trial lawyer and educator. Chris is a Diplomate of the National College of Advocacy, a member of the Million Dollar Advocates Forum, and was named one of Western New York’s Top Ten Lawyers by Buffalo Business First. He lives in Amherst with his family and their Bernedoodle, Moose.

Years of experience: 33 years
Practice areas: Personal Injury Law, Car Accidents
Location: Buffalo, New York

Does New York Recognize Joint and Several Liability in Personal Injury Cases?

Yes and no. New York recognizes joint and several liability for economic damages—such as medical bills and lost earnings—meaning that any defendant can be held fully responsible for these damages, regardless of their share of fault. However, New York does not apply joint and several liability to non-economic damages, such as pain and suffering or emotional distress. For these types of damages, each defendant is only liable for their proportionate share, based on their percentage of fault.

New York’s approach to joint and several liability has evolved in recent years, and some of this information may change over time. While the core principles of joint and several liability are unlikely to shift significantly, it’s crucial to consult with a lawyer to understand the latest updates and how they may impact your case.

Contact The Buffalo Personal Injury Lawyers At O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers For Help Today

If you believe you have a significant personal injury claim, it’s crucial to act quickly. Delaying could weaken your case as witnesses may relocate or forget important details, and physical evidence can deteriorate over time. To protect your rights and maximize your chances of success, contact a personal injury lawyer as soon as possible to begin pursuing your claim.

O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers is a Buffalo, New York law firm with over 80 years of combined experience advocating for clients like you. We have secured numerous multimillion-dollar settlements on behalf of our clients. With our contingency fee arrangement, you won’t owe any attorney’s fees unless we win your case. Contact us today to schedule a free consultation. 

We proudly serve all throughout Erie County and the state of New York.

O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers
4549 Main St, Suite 201
Buffalo, New York, 14226
(716) 222-2222