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If you’ve been injured in an accident, it’s quite possible that more than one defendant may have been at fault in causing your injuries.

For example, suppose that you’re rear-ended while stopped at a red light.  The defendant was speeding and therefore is likely negligent.  Further investigation may reveal that another driver was negligently operating their vehicle and forced the colliding driver into your lane, thus causing the accident and subsequent injuries.  In such circumstances, you’d be able to hold both defendants accountable for the damages you suffered as a result of the accident.

It can be a bit difficult to ascertain the faulty parties on your own, so it’s critical that you consult with a skilled attorney who will not only work with expert investigators, but will also be able to identify potential defendants on the basis of certain theories of liability.

For example, suppose that you’re injured while crossing the road.  The defendant-driver may have been negligently operating their vehicle and may have failed to identify your presence and stop in time to avoid a collision, but depending on the facts of the case, your attorney may be able to show that the City negligently failed to install a crosswalk to prevent the sort of accident that occurred to you, thus exposing another defendant (the City) to liability.

What happens when you sue multiple defendants in the state of Florida?

The Basics

In 2006, Florida implemented what is known as comparative fault liability.  Comparative fault is rather straightforward.  Essentially, each party involved in an accident is liable for their total contribution to the injuries.  So, how does it work?  Consider the following example.

Suppose that you are injured by a bicyclist while going for a jog.  The bicyclist collided with you due to their inability to slow down and avoid you while operating at relatively high speeds.  At first it might seem as though only the bicyclist is liable, but with the help of an attorney (who will conduct an investigation of the facts, along with discovery), you may find that the collision occurred not only due to the negligence of the bicyclist in failing to avoid the collision, but also due to the negligence of the bicycle company in designing or manufacturing a defective brake system.

Under comparative fault, each defendant is liable for some portion of the fault that contributed to the accident and your injuries.  Suppose, ultimately, that the court finds that the defendant bicycle manufacturer is 70% at fault, and the defendant bicyclist is 30% at fault.  If your lawsuit is worth $50k in total, then you may recover $35k from the manufacturer defendant and $15k from the bicyclist defendant.

When suing multiple defendants, it’s critical that you actually name all liable defendants in the lawsuit.  You cannot recover all your damages from one defendant if there are multiple liable defendants.  A full, attorney-led investigation is therefore necessary to discover and identify all the potentially liable defendants in your case.

Advantages

There are a number of advantages associated with suing multiple defendants, including, but not limited to: 1) access to additional sources of recovery for damages and 2) improving the chance of settlement.

First, not all defendants have an equal ability to pay out damages.  For example, an uninsured or underinsured defendant may lack the financial resources to pay out your damages in full.  By bringing in other defendants — particularly corporate defendants — you gain access to more financial resources from which to recover damages.

Second, by suing multiple defendants, you ensure that all potentially liable parties are brought into the case early on.  This makes it simpler to negotiate a coherent settlement with each defendant.

Contact Randall Spivey today at the Spivey Law Firm, Personal Injury Attorneys, P.A., a Fort Myers injury law firm.  We will provide a free and confidential consultation to discuss your legal rights.