What if more than one person is responsible for my accident?

August 8, 2009

It is not uncommon for multiple people to be responsible for a plaintiff’s personal injury. For instance, say you slip and fall in a grocery store. You might have a claim against the store where the accident occurred as well as the corporation that owns the store. In this case, Texas’s rule of joint and several liability would come into effect. It’s a complicated name for a simple concept.

The Texas joint and several liability rule was implemented to cover situations where more than one person or entity is responsible for an accident. Under this rule, you have the ability to seek compensation from multiple defendants. The benefit to the plaintiff is that they can still recover their full judgment even if one or more of the defendants can’t pay up.

Texas is somewhat unique in its approach to joint and several liability. Typically joint and several liability means that every defendant who is a party to the lawsuit is responsible for the entire amount of damages awarded to a plaintiff, regardless of their percentage of fault.

In Texas, however, a defendant is only responsible for the full amount if they are found to be 51% responsible for the accident. Otherwise, they are only responsible for an amount equal to their percentage of fault.

The victim of a personal injury may not realize that multiple people or entities are at fault. That is why it is so important that you seek the immediate legal assistance of a personal injury lawyer.

An experienced Texas personal injury attorney can determine exactly whose negligence caused your accident, and this may include a number of different potential defendants. If you have been injured in an accident, contact Fears Nachawati today for free legal advice to learn more about your rights and options. You can reach us by email at info@fnlawfirm.com or by phone at 1.866.705.7584.

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