Joint and Several Liability in Personal Injury Lawsuits

Joint and several liability is a legal concept that determines how multiple parties share responsibility for damages in a personal injury lawsuit. Imagine that you're injured in a car accident caused by three different drivers. Who pays for your medical bills? That's where joint and several liability can come in. It is a legal rule that allows an injured person to collect the full amount of their damages from any one of the at-fault parties, even if that party was only partially responsible. This shifts the risk of an at-fault party’s inability to pay from the injured person to the other parties involved.

Joint and Several Liability

In states where pure joint and several liability applies, the injured person may collect the entire judgment from any single party at fault, regardless of the proportion of fault. For example, if four parties are each determined to be 25% at fault, and the damages total $100,000, the injured person can demand the entire $100,000 from any one of those parties. Alabama and Delaware are examples of states that use a pure joint and several liability approach.

A defendant that pays more than its share of fault under joint and several liability may attempt to collect a proportional repayment from co-defendants. If co-defendants have insufficient resources or no insurance, the paying defendant may ultimately shoulder more than its share. This process affects how defendants approach the dispute, including whether they choose to settle before a trial.

Several Liability

Under pure several liability, each responsible party is only required to pay damages based on its percentage of fault. For example, if one party is found to be 60% at fault for an accident resulting in $100,000 in damages, that party is liable only for $60,000. This system can leave the injured person with unpaid damages if one of the responsible parties cannot pay their share.

Reasons for Joint and Several Liability

Joint and several liability is often viewed as a way to ensure that the injured person receives the full amount of any damages awarded. It reduces the possibility that the injured person will bear the financial burden when one or more defendants cannot pay. This is particularly relevant when multiple parties are found liable, but only some of them have insurance or sufficient assets to cover extensive losses.

Criticisms of Joint and Several Liability

Some argue that requiring one party to bear the entire judgment, even if it is only marginally at fault, results in unfairness. If a party is 10% at fault, but the other, more culpable parties are unable to pay, the slightly at-fault party may be held responsible for the full amount of damages. Critics say this outcome disproportionately punishes a minor participant in the accident.

Last reviewed March 2025