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October 16, 2014 by Greg Baumgartner
If multiple defendants are 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 greatly affect how much money the plaintiff recovers.
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 typically involves the following steps:
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.
It is essential to understand the procedural rights of defendants in a lawsuit with multiple defendants. Each defendant has the right to:
These procedural rights ensure that each defendant has a fair opportunity to present their case and defend against the claims made by the plaintiff.
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.
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.
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 guilty party often has insufficient insurance coverage to compensate the plaintiff adequately for damages suffered.
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.
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.
Crossclaims and third-party claims can arise in a variety of situations, including:
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.
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.
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 takes expertise and years of personal injury trial law work.
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
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Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.
Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.
His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.
With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.
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