A personal injury happens when a person is harmed because of the actions of an individual or company. The accident causes harm such as an injury or damage to property. A person or company must be responsible for causing the accident for the injured victim to obtain money. Many personal injury cases in Nevada involve one wrongful party. This is the party who caused the accident.
However, more than one person or company may cause the accident. This can complicate a personal injury case. In fact, a personal injury lawyer reno nv will explain to their client the topic of joint and several liability. This is a legal concept in personal injury law to assist juries in determining who pays for an injured parties damages when more than one party is at fault.
Joint and several liability are actually two separate legal concepts combined. States can honor both concepts or pick the one they want to institute. For example, Nevada doesn’t allow injured victims to use both legal concepts, just one.
What Is Joint Liability in Personal Injury Law?
The legal concept of joint liability refers to the idea that many parties can be liable for the full amount of damages owed to an injured victim. The means that each wrongful party is responsible for paying the entire amount. It doesn’t matter who the injured victim sues. They can only recover damages from one party. The rest of the wrongful parties are off the hook for paying the injured victim.
However, the wrongful party sued can sue all the other wrongful parties to collect what they paid the injured victim. The injured victim isn’t involved in any of these lawsuits. They have received their damages from the party they choose to sue. Usually, the injured victim will sue the wrongful party with most of the money to ensure they receive their damages.
What Is Several Liability in a Personal Injury Law?
Several liability refers to spreading the liability for the accident among all the wrongful parties. Thus, each wrongful party is responsible for only their share of the accident. This is different than joint liability because one wrongful party pays for everyone.
With several liability, the injured person can’t expect the other parties to pay for each other’s share of the accident. The injured victim must sue each wrongful party to obtain the damages owed to them.
Nevada Law Regarding Joint and Several Liability
Nevada’s personal law is quite unique regarding joint and several liability. According to the state’s statute, this only part of the legal concept that applies is the several liability. This means if the injured victim sues each of the defendants for the money owed to them. The defendant must provide they didn’t cause the accident, or they are not to blame for the portion of the accident they are being sued for in court. This can be a long process for an injured person, but it is worth it to get the financial justice they deserve.