How Does “Joint and Several Liability” Work in NY?

Understanding New York’s approach to joint and several liability is important, especially if multiple parties share fault for your injuries and damages.

In New York, joint and several liability is limited. Defendants are only liable for their portion of a victim’s non-economic damages unless the case meets an exception to this rule, like car accident lawsuits. Our lawyers can explain how this legal doctrine might factor into your case and how your damages might be impacted by New York’s comparative fault laws. After an accident takes place, we can begin investigating to identify any and all parties who might have contributed to it. We can then prepare and file your claim within the three-year window for personal injury lawsuits in New York, keeping track of your economic and non-economic losses throughout that time.

To get a free and confidential evaluation of your case from our New York personal injury lawyers, call The Carrion Law Firm today at (718) 841-0083.

How Does Joint and Several Liability Work in New York Injury Claims?

Joint and several liability is a legal doctrine that helps victims recover full compensation for their damages from whichever at-fault party has the most money to pay. It’s applied in cases that are too complicated to parse out liability, and where it is hard to tell which defendant is more at fault for an incident or when two or more parties’ liability is actually inseparable.

For example, suppose there was a car accident involving three drivers, and two of them acted negligently, causing an accident that injured the third. If accident reconstruction cannot determine which of the two negligent drivers initiated the accident, the victim could hold both drivers jointly and severally liable. Or, if accident reconstruction shows that the combination of negligent acts caused the accident, you could hold both drivers liable.

Joint and several liability might also factor into other claims, such as defective product accidents where several parties along the supply chain may have been negligent, contributing to the accident. For example, if the manufacturer and the distributor were jointly and severally liable, you could hold one party liable for the full damages.

Joint and several liability usually allows you to get all compensation from either defendant, but only up to a point. Under C.V.P. Law § 1601, a defendant is only liable for their share personal of the victim’s non-economic damages when they are 50% or less at fault for an accident in New York. There are some exceptions to this, and our lawyers can see if they apply to your claim when initially reviewing your case.

Claims involving multiple liable parties are complex and may involve more evidence and information for our Harlem, NY personal injury lawyers to process. Regardless of how many people or entities share fault for your injuries and damages, you will have three years to file your claim under § 214(5). Missing the deadline would bar you from recovering damages from any at-fault parties in New York, and our lawyers can prioritize preparing and filing your case on time.

How Does Joint and Several Liability Work Differently Than Comparative Fault in New York?

New York is a pure comparative fault state under § 1411. Victims who share fault for injuries can sue, but the amount they recover will be reduced in proportion to their percentage of blame. This is a common issue in especially complicated car accidents involving several drivers.

If a significant percentage of fault is allocated to a victim, the fault attributable to the other liable parties would be reduced. For example, if a victim is found to be 40% negligent, they could still sue but would only recover 60% of their damages. When several at-fault parties are involved in a lawsuit, comparative fault might complicate matters further. In these situations, further investigation into the incident may be necessary, often with help from accident reconstruction experts.

To ensure defendants are held appropriately liable, our lawyers can interview eyewitnesses to preserve their statements. We can use expert testimony, medical records, incident reports, photographs from the scene, and any available surveillance footage to undermine arguments that you contributed to your injuries.

When accidents are very complex and assigning fault becomes more difficult, defendants might have more room to argue that a victim contributed to the accident. Anticipating this from the get-go and planning to address comparative fault defenses is crucial so that victims make full financial recoveries following accidents in New York.

Does Limited Joint and Several Liability Apply to All Personal Injury Claims in New York?

The limited joint and several liability rules that make defendants only liable for their share of non-economic damages do not apply to all cases in New York.

Defendants may be jointly and severally liable for victims’ non-economic damages for motor vehicle accidents, including motorcycle accidents, under § 1602(6). Because New York is a no-fault state, victims already have to pass a serious injury threshold to sue for car crashes, so those able to sue likely experience considerable pain and suffering as well. Injuries that warrant litigation for car accidents include dismemberment, serious disfigurement, fractures, and certain non-permanent injuries, according to I.S.C. Law § 5102(d). Being able to recover full non-economic damages from either liable party is crucial for car accident victims with debilitating injuries that affect their quality of life.

Limited joint and several liability does not apply to cases involving injuries caused by reckless disregard for another person’s safety or certain product liability claims, among other claims.

Because these rules are so complicated, it’s important to get help from our lawyers; otherwise, you might not hold all negligent parties accountable, which could affect the compensation you receive at the end of your case.

Call Our NY Lawyers About Your Injury Case Today

Call the Elmhurst, NY personal injury lawyers of The Carrion Law Firm to discuss your case for free at (718) 841-0083.