Buffalo residents who have been involved in personal injury lawsuits may have heard the term “joint and several liability.” Joint and several liability applies in many cases where more than one defendant is found responsible for causing an injury. It refers to the terms under which the responsible parties must pay damages for the injury.
In New York State cases involving joint and several liability, the injured party may collect the full amount of any economic damages from any party found liable until the entire judgment is paid in full. There is no requirement that the responsible parties pay an equal – or even a fair – share. As a result, if one of the responsible parties does not have enough assets to pay its share of the award, the other defendants must make up the difference.
Joint and several liability only applies to economic damages, such as medical expenses and lost wages. For non-economic damages (such as pain and suffering), a defendant who is found less than 50% liable is only required to pay that percentage of non-economic damages for which he or she was found responsible.
There are several exceptions where joint and several liability does not apply. If you have any further questions regarding this subject, you should consult an experienced personal injury attorney.
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