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Joint and several liability is a legal doctrine recognized in certain states, including California.
In California, this principle means that when two or more parties contribute to a personal injury, each one can be held legally accountable for the entire amount of the damages awarded to the plaintiff, regardless of their specific share of fault.
For example, a defendant found to be only 15% at fault for your injuries could still be legally required to pay 100% of the awarded damages.
If you recover compensation from just one of the jointly and severally liable parties, that defendant has the legal right to seek reimbursement from the other at-fault parties.
Our experienced California personal injury attorneys at The Levinson Law Group can help you understand how this rule may apply to your case and what steps you can take to protect your rights.
What are Tortfeasors?
Individuals who are deemed responsible for causing an accident are legally referred to as tortfeasors. A tortfeasor is simply someone who has committed a tort, or wrongful act, that leads to harm.
When a tortfeasor is found liable, they are required to compensate the injured party for any physical injuries and related damages. In civil cases, tortfeasors are named as defendants.
If your case involves more than one tortfeasor, your California auto accident attorney will ensure that all responsible parties are properly included in the lawsuit.
How Joint and Several Liability Works in California
California follows a modified version of the traditional common law rule of joint and several liability. Under this approach, multiple parties can be held jointly responsible for the full amount of a plaintiff’s economic damages, such as medical bills or lost wages. However, when it comes to non-economic damages—like pain and suffering—each party is only responsible for their share, based on their percentage of fault.
In contrast, some states apply a pure several liability rule, meaning each defendant pays only for the damages equal to their specific degree of fault in the accident.
There are also variations in how states handle settlements. For example, when one tortfeasor settles with the plaintiff, they typically waive their right to seek contribution from the other tortfeasors.
At the same time, the remaining defendants are entitled to a setoff, which means the jury’s award is reduced by the amount of the prior settlement—ensuring there’s no double recovery for the plaintiff.
Why Some States Utilize Joint and Several Liability
Joint and several liability plays an important role in protecting injured plaintiffs, which is why it remains in use in some states. It helps reduce the financial risk to the plaintiff when one or more defendants are judgment-proof—a term used to describe individuals or entities that lack the assets or insurance necessary to pay a court judgment.
In such cases, joint and several liability shifts the burden of an insolvent or uninsured defendant away from the plaintiff and places it on the remaining defendants who also share fault for the accident.
If all defendants happen to be judgment-proof—a rare scenario—the plaintiff may ultimately be unable to recover any compensation. However, in most cases, at least one defendant has insurance coverage or assets that can help satisfy the judgment.
Is There a Downside to Joint and Several Liability?
Despite its protective function for plaintiffs, joint and several liability does face criticism—primarily over concerns of potential unfairness.
A key argument is that it can create significant financial imbalances among defendants. For example, a defendant found to be only 10% at fault could still end up paying 100% of the damages if the co-defendant, who is 90% at fault, is judgment-proof and unable to contribute financially.
Critics argue that this outcome places an undue burden on minimally responsible parties, especially when they are the only ones with the means to satisfy the judgment.
Contact a California Personal Injury Attorney Today
If you or a loved one has been injured in an accident caused by the negligence of one or more parties, it’s essential to reach out to Levinson Law Group as soon as possible. Whether you need a Coronado injury attorney, a Menifee car accident lawyer, or legal help anywhere in between, our team is here to support you.
We offer free consultations to discuss your case and your legal options.