Getting What Is Rightfully Yours

An Overview Of A Personal Injury Case With Joinder Of Defendants

14 February 2023 by Penny Fisher

Personal injury laws determine how to pursue compensation after an accident. The laws determine whom you can sue, how you can sue them, and how much compensation you can get. Below is an overview of the laws governing the joinder of defendants in injury cases. 

Meaning of Joinder of Defendants

Many personal injury lawsuits involve one defender. For example, if you are involved in an accident with another driver, the driver will likely be the only defendant in your auto accident case. However, there are cases where multiple parties are responsible for an accident. Such cases require the joinder of many parties as defendants.

Examples of Cases With Joinders of Defendants

Any case where multiple parties are liable for the same accident can have a joinder with the defendants. Below are three examples of such cases.

1. Medical Malpractice

Medical malpractice occurs if a healthcare professional or facility's negligence causes injury. Consider a case where a hospital employs an incompetent doctor who misdiagnoses a patient. You can join the hospital and doctor in your medical malpractice case.

2. DUI Accident

A DUI (driving under the influence) accident with an intoxicated driver could necessitate a joinder lawsuit if another person contributed to the driver's intoxication. Consider a bartender who serves alcohol to an intoxicated patron who ends up causing an accident. You can instigate a joinder lawsuit against the driver and bartender.

3. Product Liability

A product liability claim, such as that you might have if a defective product causes you injury, usually involves multiple parties. For example, you can have the manufacturer, wholesaler, and retailer on the same lawsuit.

The Joinder Threshold

A joinder of defendants is only possible for cases involving the same legal issues and facts. The court requires you to prove such issues before they allow you to join defendants in the same case. Consult a personal injury lawyer for help.

Whether or not you can easily provide the relevant proof depends on the case's facts. Explore this option because the court might bar you from going after another defendant later on if you fail to join them in your current case.

Damage Recovery

Note that the joinder of defendants does not mean that your compensation or judgment can exceed your damages. For example, if your damages total $10,000, you cannot recover the same amount from each party. Rather, the defendants will contribute to your compensation pull, so you only get what you deserve.

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