Personal injury claims are complicated. You may have been seriously injured in an accident that was caused by the negligence of more than one party. This raises an important question: Can you sue multiple parties for the same accident? The answer is “yes,” although the claims may be consolidated into a larger case. Here, our Kansas City personal injury lawyer provides an overview of the key things to know about holding multiple defendants liable for the same accident.
What to Know About Personal Injury Claims With Multiple Defendants in Missouri
In Missouri, one accident can involve responsibility falling on more than one party. For example, a driver hurt in a crash may have a claim against another negligent driver and another party, such as a vehicle manufacturer. You can bring claims against multiple parties if their actions contributed to your injury.
Missouri follows the “pure comparative fault” rule. Each party to an accident will be held proportionately liable for their share of the blame. Indeed, you can recover compensation even if you are partially at fault for your own accident. Though your compensation will be reduced by your assigned percentage of fault.
Note: Comparative fault rules vary by state. For example, Kansas is a modified comparative fault state with a 50 percent bar on recovery.
An Example of How Shared Liability Works for an Accident in Missouri
Imagine that you were involved in a car crash at an intersection in Kansas City. In total, you suffered $100,000 in damages. However, an investigation revealed that both you and another driver shared responsibility for the crash. Further, your injuries were made even more serious than they would have been due to a vehicle defect. The other driver is found 50% at fault, the vehicle manufacturer is found 30% at fault, and you are found 20% at fault. Under Missouri’s pure comparative fault system, you would be entitled to recover compensation for $80,000 of your damages. $50,000 would be the responsibility of the other driver, and $30,000 would be the responsibility of the vehicle manufacturer. You would be liable for $20,000 of your damages.
A Single Accident is Usually One Larger Case, Even With Multiple Defendants
A Kansas City personal injury claim with multiple defendants is usually handled as one consolidated case, not as separate lawsuits. Indeed, Missouri courts allow claims against multiple defendants to be joined in a single lawsuit if they arise from the same incident for purposes of fairness and judicial efficiency. When liability is shared, the court will typically hold one trial and issue one judgment, assigning each defendant a percentage of fault. With that being said, there are some exceptions.
Set Up a Free Case Review With Our Kansas City Personal Injury Lawyer Today
At House Law LLC, our Kansas City personal injury attorney is standing by, ready to fight for justice for you and your family. If you have any questions about the personal injury claims process, we can help. Contact us now or online to schedule a complimentary, no-obligation case review. From our Kansas City office, we fight for justice for victims throughout the region in Missouri and Kansas.
Tags: brain injury, personal injury, traumatic brain injury
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