Accidents are not pleasant events. They can cause immense pain, financial loss, and mental distress to victims. The only hope in these dark times is that personal injury law exists.
Through personal injury law, victims can somewhat mitigate the losses they have suffered. Personal injury law allows victims to hold the negligent party accountable for their actions and secure compensation for their losses.
A good personal injury attorney like the ones at Edward M Bernstein & Associates can secure compensation for the victim’s economic and non-economic losses. A lawyer can help victims navigate the complex personal injury claims process and secure fair compensation.
Challenges in a Personal Injury Claim
Personal injury claims are quite complex, mainly because the insurance companies don’t want to pay the victim.
One of the biggest challenges in a personal injury claim is determining liability. In some cases, liability will be straightforward. However, not all cases have clear liability.
Sometimes, multiple parties can be involved in an accident. It is quite hard to secure compensation in such cases.
Joint and Several Liability Rule
Personal injury claims become more complicated when multiple liable parties are involved. People get confused about who should pay how much. This is where joint and several liability comes in.
Joint and several liability is a rule that some states follow. Under this rule, the victim of the accident can take all the liable parties to court.
Anyone defendant can be responsible for paying 100% of the compensation under the joint and several liability rules.
Example of Joint and Several Liability
Let’s discuss a hypothetical situation to understand joint and several liability better.
Casey and Timothy caused a car accident. As a result, Hector got hurt. Hector has sustained physical injuries and financial losses due to the accident.
Now, he decides to take both Casey and Timothy to court. Hector is looking to obtain $100,000 as compensation for his losses.
If Hector wins the case, both Casey and Timothy will be responsible for paying the compensation. However, under the joint and several liability rules, one defendant can pay the whole amount if the other defendant doesn’t have money.
So, in this case, if Casey doesn’t have money and Timothy can cover the whole amount, then only Timothy will pay for the damages.
Two Types of Joint and Several Liability Rules
Joint and several liability is of two types:
1) Pure joint and several liability
2) Hybrid joint and several liability
Pure joint and several liability: Some states follow this rule. The pure joint and several liability laws state that the defendants should pay only the amount they are responsible for. If Casey is 10% responsible for the accident and Timothy is 90% responsible, Timothy should pay 90% of the compensation.
Hybrid joint and several liability: According to this rule, one person can pay the whole amount if they can. So let’s say Timothy is filthy rich, and Casey is kind of broke. In this case, Timothy can pay the whole amount.
The Role of a Personal Injury Lawyer
Just like joint and several liability, there are many terms that you may not have heard of. This is why it is important to hire a lawyer. The lawyer can help you understand these terms.
Personal injury lawyers play a crucial role in securing fair compensation. Right from the investigation phase to negotiating with the insurance company, they assist in everything.
It isn’t easy to obtain fair compensation without their help. Of course, you can secure compensation, but it won’t be fair. It will not even cover half of your losses.
It is better not to risk the case by handling it on your own. A lawyer can handle your case 10 times better than you. So hire a good lawyer and let them handle your case.
