What is joint and several liability?
Joint and several liability is a legal concept defined by Delaware law that applies to personal injury cases. Joint and several liability means that two or more people or entities can be legally held responsible for an injury. This means that if two or more people are determined to be at fault for an injury that occurred, all of them can be held liable for the damage done. For example, if a person is in a car accident and one driver has the majority of the fault, but the other driver is also partially responsible, then both drivers could be held jointly and severally liable. This means that the plaintiff could go after both drivers for the full amount of damages, and each driver would be responsible for their percentage of fault for the accident. Under Delaware law, a defendant who is found to be jointly and severally liable must pay the full damages regardless of how much they are found to be at fault. Therefore, it is important for defendants to make sure that they are properly insured and do their best to not be found at fault in an accident, as they could be on the hook for the entire amount of damages.
Related FAQs
What is a liability waiver?What is the difference between compensatory and punitive damages?
What is the collateral source rule?
What is the role of a personal injury lawyer?
What is a release of all claims?
What is the difference between criminal and civil law?
What is no-fault insurance?
What are economic damages?
When is a settlement considered taxable income?
What is the difference between compensation and damages in an accident claim?
Related Blog Posts
Understanding the Basics of Accident Law: An Overview for Victims - July 31, 2023What to Look for in an Accident Lawyer: Important Qualities to Consider - August 7, 2023
The Different Types of Accidents and How to Handle Them - August 14, 2023
Litigation Strategy: Key Considerations for Personal Injury Cases - August 21, 2023
The Role of Negligence in Personal Injury Cases - August 28, 2023