When filing a personal injury or medical malpractice claim, there might be more than one party responsible for your injuries. That’s why courts have specific protocol in place regarding the division of liability. Whether you were hurt in a car accident, during surgery, or due to another incident, here’s what you should know about what makes joint liability different from several liability.

Joint Liability

During a personal injury or medical malpractice case, the court might find each defendant jointly liable for the plaintiff’s injuries. In this case, each defendant is legally responsible for the total sum of damages. If one party dies while damages are still being paid, the other defendants will be expected to cover their payments, too. Under joint liability, if one defendant pays the total amount of damages, the plaintiff can’t seek compensation from the other defendants.  

Several Liability

Whereas joint liability makes each defendant responsible for total damages, several liability holds each party accountable for a specific percentage, based on their part in the incident. To determine the exact percentage in a personal injury suit such as a car accident, for example, a judge will look at photos of vehicle damage, witness statements, and other collected evidence. With a malpractice case, medical records and physician testimony weigh heavily on the decision.

Whether joint or several liability will be applied to the case largely depends on where the incident occurred. For a better idea of what to expect during proceedings in northeast Ohio, contact the counselors at Ibold & O'Brien in Chardon. Since 1980, the attorneys have been providing clients throughout the area with sound representation in their personal injury and malpractice suits. They can also strategize your criminal defense and make the estate planning and probate process easier. To schedule a consultation, call (440) 285-3511. Connect with the law firm online to learn more about their team.