If multiple defendants are involved in a personal injury lawsuit in Texas, the court handles the case by determining the outcome, which is not as clear-cut as in two-party lawsuits. Generally, a jury or a judge is asked to allocate fault between all the parties. The percentages of fault can significantly impact the amount of money the plaintiff recovers.
Identifying and Serving Each Defendant
When dealing with multiple defendants in a lawsuit, it is crucial to accurately identify each defendant and serve them with a copy of the lawsuit. This process can be complex, and it is crucial to ensure that all defendants are properly notified to avoid any potential issues with the case.
The Process of Serving Lawsuits to Multiple Defendants
The process of serving lawsuits to multiple defendants typically involves the following steps:
- Identify each defendant: The plaintiff must identify each defendant involved in the case and ensure they are properly named in the lawsuit.
- Prepare the lawsuit: The plaintiff must prepare the lawsuit, including the complaint and supporting documents, and ensure it is properly served on each defendant.
- Serve each defendant: Each defendant must be served with a copy of the lawsuit, either personally or through a process server.
- Verify service: The plaintiff must verify that each defendant has been properly served and that the service has been documented.
Accurately identifying and serving each defendant is a critical step in the legal process. It ensures that all parties are aware of the claims against them and can respond accordingly.
Understanding the Procedural Rights of Defendants
It is essential to understand the procedural rights of defendants in lawsuits involving multiple defendants. Each defendant has the right to:
- File an answer: Each defendant can file an answer to the complaint, which must be done within a specified timeframe.
- Raise defenses: Each defendant can raise their defenses to the claims made against them.
- Assert claims: Each defendant can claim against the plaintiff or other defendants.
- Participate in discovery: Each defendant can participate in the discovery process, which involves exchanging information and evidence with the other parties.
These procedural rights ensure that each defendant has a fair opportunity to present their case and defend against the claims made by the plaintiff.
Each Defendant’s Right to Respond Separately
In a lawsuit with multiple defendants, each defendant has the right to respond separately. This means that each defendant can file an answer to the complaint, raise defenses, and assert their claims.
Texas Allocates Money Based on Fault in Multiple Defendant Personal Injury Cases
To recover damages, the personal injury victim or “plaintiff” must be less than 51% at fault for the accident. When multiple defendants are responsible for the same damage, the court allocates fault based on the concept of joint and several liability/ If a personal injury victim is partly at fault (but less than 51%), the damages are reduced by the percentage of the plaintiff’s fault. If there are more than two parties to an accident, the fault is allocated among all the parties.
Joint Liability
If any defendant is more than 50% at fault in a multiple-defendant action, that defendant may be “jointly and severally liable” for the whole verdict.
In multiple-defendant cases, a jury is typically asked to allocate fault among the defendants (assuming no fault on the part of the plaintiff), and the defendants are required to pay damages in proportion to their percentage of fault.
The court determines the responsible party by evaluating the evidence and deciding how liability is shared among the defendants.
A negligent party with adequate insurance coverage would injure every personal injury victim in a perfect world. However, the guilty party often has insufficient insurance coverage to compensate the plaintiff adequately for damages suffered.
Texas 51% Rule
In effect, the plaintiff assumes the risk that the persons or companies at fault for the accident can pay for the damages they caused. However, as set forth above, should any defendant be found 51% or more at fault (because they would then be “jointly and severally responsible), the burden of collecting for damages may shift to the guiltiest party.
Suppose the 51% or more defendant at fault had adequate insurance coverage. In that case, it may be the plaintiff seeking to collect all the damages from that defendant, and that defendant would then seek to collect “contribution” from the others.
Crossclaims and Third-Party Claims
Cross-claims and third-party claims can arise in lawsuits with multiple defendants. These types of claims can complicate the case and require careful consideration.
Exploring Complications in Multi-Defendant Cases
Crossclaims and third-party claims can arise in a variety of situations, including:
- Crossclaims: A defendant may bring a crossclaim against another defendant, alleging that they are responsible for the damages claimed by the plaintiff.
- Third-party claims: A defendant may bring a third-party claim against a party not originally named in the lawsuit, alleging that they are responsible for the damages claimed by the plaintiff.
- Contribution claims: A defendant may bring a contribution claim against another defendant, seeking to recover a portion of the damages awarded to the plaintiff.
These types of claims can add complexity to the case and require careful consideration of the legal process, multiple parties, and potential defendants. It is essential to understand the procedural rights of defendants and the potential complications that can arise in multi-defendant cases.
Examples of Multiple-Party Car Accident Payouts in Texas
By way of example, assuming a jury awards $1 million for damages to an innocent personal injury victim and finds fault as set forth below:
First Defendant -20% fault (20% of Award or $200,000)
Second Defendant -30% fault (30% of award or $300,000)
Defendant 3 -50 fault (1/2 of Award or $500,000)
In this example, if any defendants cannot pay their share of the award, the personal injury victim who was innocent in the accident suffers the risk of not collecting the damages from each defendant because no defendant is jointly and severally responsible for the damages.
Punitive damages, however, are awarded individually by the defendant in Texas.
Evaluation of Multi-Party Personal Injury Cases
Getting an experienced personal injury lawyer in Houston, TX, to evaluate your case is as simple as calling for a free case evaluation. Analyzing an injury claim requires expertise and years of experience in personal injury trial law.
If you have been injured in an accident, don’t wait to get the help you need. Contact Baumgartner Law Firm today for a free consultation.
Contact The Houston Personal Injury Lawyers at Baumgartner Law Firm for Help!
If you have been injured in an accident in Houston, TX, and need help, call Baumgartner Law Firm’s Houston car accident team at (281) 587-1111. We serve the following cities.
6711 Cypress Creek Pkwy, Houston, TX 77069
