The legal doctrine of joint and several liability means that when two or more defendants are legally liable for a tort (like causing someone else to suffer a personal injury), the plaintiff (usually the victim of the wrongful act) can recover their damages from one or both defendants, no matter how much fault either party had in causing injury to the plaintiff.
For example, let’s say a plaintiff is entitled to $100,000 from Defendant A and Defendant B. The plaintiff can recover the entire $100,000 amount from Defendant A, even if Defendant B was mostly responsible for the plaintiff’s injuries. However, to prevent an unfair result for the defendants, Defendant A can seek contribution (reimbursement) from Defendant B.
Damages Available Under Joint and Several Liability
Not all damages can be recovered under joint and several liability. In California, only economic damages can be recovered. This includes things like:
- Lost income
- Medical bills
- Lost future income
- Property repair or replacement costs
Non-economic damages, such as pain and suffering, loss of consortium, and emotional distress, aren’t recoverable under joint and several liability.
Talk to a California Personal Injury Attorney Today
Being the victim of someone else’s wrongdoing is problematic enough. But figuring out how to recover compensation from multiple parties can feel like the legal system is adding insult to injury. If two or more parties are responsible for your injuries, you should talk to a personal injury attorney, such as one from Maison Law. Contact us at your earliest convenience to set up a no-obligation, no-fee case evaluation and consultation.
