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What Happens When There Are Multiple Defendants in a Personal Injury Case?

What Happens When There Are Multiple Defendants in a Personal Injury Case?

If there are multiple defendants in a personal injury lawsuit in Texas, the court handles the case by determining the outcome, which is not as clear as two-party lawsuits. Generally, a jury or a judge is asked to allocate fault between all the parties. The percentages of fault can have a big effect on how much money the plaintiff recovers.

Identifying and Serving Each Defendant

When dealing with multiple defendants in a lawsuit, it is essential to identify each defendant accurately 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:

  1. Identify each defendant: The plaintiff must identify each defendant involved in the case and ensure that they are properly named in the lawsuit.
  2. Prepare the lawsuit: The plaintiff must prepare the lawsuit, including the complaint and any supporting documents, and ensure that it is properly served on each defendant.
  3. Serve each defendant: Each defendant must be served with a copy of the lawsuit, either personally or through a process server.
  4. 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, ensuring 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 a lawsuit with multiple defendants. Each defendant has the right to:

  1. File an answer: Each defendant can file an answer to the complaint, which must be done within a specified timeframe.
  2. Raise defenses: Each defendant can raise their own defenses to the claims made against them.
  3. Assert claims: Each defendant can assert their own claims against the plaintiff or other defendants.
  4. 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 to the lawsuit. This means that each defendant can file their own answer to the complaint, raise their own defenses, and assert their own claims.

Texas Allocates Money Based on Fault in Multiple Defendant Personal Injury Cases

To recover damages, the personal injury victim 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 usually asked to allocate fault between the defendants (assuming no fault on the part of the plaintiff), and the defendants are asked to pay damages according to their percentage of the 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 guiltiest 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 one 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 defendant who was 51% or more 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.

Read More:The Process of a Wrongful Death Lawsuit in Texas 

Crossclaims and Third-party Claims

Cross-claims and third-party claims can arise in lawsuits with multiple defendants. These types of claims can add complexity to 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:

  1. Crossclaims: A defendant may bring a crossclaim against another defendant, alleging that they are responsible for the damages claimed by the plaintiff.
  2. 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.
  3. 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.

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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:

Defendant A -20% fault (20% of Award or $200,000)

Defendant B -30% fault (30% of award or $300,000)

Defendant C -50 fault (1/2 of Award or $500,000)

In this example, if any of the 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 Cases

Getting an experienced personal injury lawyer in Houston, TX, to evaluate your case is as simple as a phone call for a free case evaluation. Analyzing an injury claim takes expertise and years of personal injury trial law work.

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, contact our Houston car accident lawyers at Baumgartner Law Firm by calling (281) 587-1111. Here are the cities we serve.

Baumgartner Law Firm 

6711 Cypress Creek Pkwy, Houston, TX 77069

(281) 587-1111

Related Resources:

Why a Personal Injury Case Goes to Trial?

What Are Punitive Damages in Texas?(Opens in a new browser tab)

How Much Can You Sue for Personal Injury in Texas?

What is a Plaintiff in a Personal Injury Case?

What Is Negligence in Texas?

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Post under: Laws and Rights
Houston personal injury lawyers
Greg Baumgartner, Founder of Baumgartner Law Firm

Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.


6711 Cypress Creek Pkwy, Houston, TX, 77069 Call: (281) 587-1111

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