Posted on 06/09/25
Accidents in Buffalo can involve a single person or multiple parties. Seeking compensation for damages in multiple-party incidents can present numerous challenges. Working with a personal injury lawyer in Buffalo allows an experienced legal representative to seek accountability from various parties that cause you harm.
New York Joint and Several Liability
New York’s comparative negligence law allows each party suffering injuries in an incident, such as a car accident, to seek proportionate damages from a negligent party as long as they are not 100% at fault. A negligent party is only responsible for compensating for their percentage of fault in the accident. The plaintiff’s percentage of fault in the accident, if any, reduces their compensation from the at-fault party.
When multiple parties are negligent in an accident in New York, a plaintiff may seek individual or collective accountability. Each party may be liable for the total cost of damages, despite their percentage of fault in contributing to negligence. The right to file a civil action because of a serious injury is complex but possible, and it can take longer to settle a claim when multiple parties are involved.
Joint Liability vs Joint and Several Liability for Damages
Significant differences exist between joint liability and joint and several liability. The legal principle of joint liability allows you to seek equally shared responsibility for damages in an accident from each party involved.
Joint and several liability assigns each negligent party in an accident a percentage of fault. However, each party may be liable for the total damages in a personal injury claim minus the plaintiff’s proportion of negligence.
Joint and several liability makes it possible to seek the entire compensation from a negligent party if another party or parties cannot pay. The concept of joint and several liability provides an avenue to fully compensate you for your damages in an accident by the negligent parties who are able to financially compensate you.
What Compensation is Available Under Joint and Several Liability in New York?
The courts divide compensatory damages into economic and noneconomic damages in a personal injury case. Under joint and several liability laws in New York, you may seek total compensation for the economic damages you suffer from one or more parties if another negligent party cannot pay what they owe. This concept provides more avenues to receive the damages you have the legal right to seek from at-fault parties.
Non-economic damages are injuries that cause harm to you but do not have a defined monetary value, such as pain and suffering. In personal injury cases applying the principle of joint and several liability, each negligent party is generally only liable for the percentage of non-economic damages they cause. However, exceptions may exist to these limitations, and a personal injury lawyer in Buffalo can explore these possibilities on your behalf.
What Should I Do In an Accident Involving Multiple Parties?
New York’s no-fault insurance coverage requirements strive to minimize financial hardships from personal injury. However, meeting the serious injury threshold may make it possible to file a legal action. Thoroughly document the incident to capture evidence of negligence by various parties to the incident.
A Buffalo car accident lawyer will work to protect you from unfair accusations of fault and improve your compensation outcome. Understanding your rights under the joint and several liability principle can help maximize your damages compensation.