If more than one defendant is found to have contributed to a plaintiff's injury, who is responsible for paying for the damages? What if one defendant is unable to pay? States have taken different approaches in answering these questions.
Generally, a state will follow one of three approaches when distributing the financial liability of defendants: joint liability, several liability, or joint and several liability.
If a state uses a system of joint liability, each defendant is liable up the total amount of the financial obligation.
For example, if a husband and wife are jointly liable for a debt, each person is responsible up to the full amount.
If the husband disappears, dies, or declares bankruptcy, the wife remains liable for the full amount.
In contrast, in a state following a system of several liability, the defendants are only liable for their respective portion of the damages.
The legal concept of joint and several liability is different in that it creates a scenario where each defendant in a legal action (assuming there is more than one defendant) is responsible for the entire amount of damages being pursued by the plaintiff, regardless of the individual share of damages actually caused by each defendant.
Supporters of Joint and Several Liability argue that this approach allows victims to be fully compensated, even if one of the defendants is unable to pay his or her share of the liability.
Under joint and several liability, if one defendant is not able to pay, the other defendants are liable for the entire judgment amount.
Critics of joint and several liability refer to this approach as the "deep pocket" rule because of the potential to quickly turn a lawsuit into a search for the defendant with the "deepest pockets.
" Because of potential for an unfair result, and in response to tort reform efforts, several states have limited the applicability of joint and several liability.
In Hawaii, the courts follow a modified joint and several liability approach in entering judgment against multiple defendants.
Generally, damages for economic loss in personal injury and wrongful death claims are joint and several.
If the defendant is 25% or more negligent, damages for non-economic loss are also joint and several.
If the defendant is less than 25% negligent, that defendant is subject to several liability only and damages are apportioned based on fault.
Statute of Limitations A statute of limitations is a statute, or law, that restricts the period of time, after certain events, that a person may initiate legal proceedings.
These time limits vary depending on the type of case and the state where the particular cause of action occurred.
For example, a person filing a personal injury suit in Maryland, such as an injury sustained in an automobile accident, has three years after the date of the injury to sue.
This is referred to as a three-year statute of limitations.
A lawsuit filed after the deadline set by the statute of limitations will be dismissed by the court unless circumstances allow for the tolling, or extension, of the deadline.
Statutes of limitations were established for a number of reasons.
Statutes of limitations promote the interest of fairness in that they prevent people from filing aged civil actions that may be based on faded memories and lost evidence.
These statutes also allow individuals to move on with their lives without fear of possible legal action several years later.
Hawaii's statute of limitations for a motor vehicle accident cases is two years from the date of accident.
If no-fault medical benefits ("PIP" or personal injury protection benefits) are paid out for the injured party's medical treatment, the statue of limitations is two years from the date of last no fault payment.
In slip and fall cases and premises or landowner liability cases the statute of limitations is two years from the date of accident.
In product liability actions must be filed within 2 years from the date of the injury.
In wrongful death cases actions must be filed within 2 years of the date of death.
Any claim brought after the statue of limitations has expired is subject to permanent dismissal by the Court.
Special Rules Tolling the Statute of Limitations A statute of limitations is tolled when certain conditions are present.
When a statute is tolled, the limitations period is essentially put on hold for a period of time.
Some typical reasons that a statute is tolled include situations when the victim of the injury was a minor at the time of the injury (minority), when the victim of the injury was mentally incompetent at the time of the injury (mental incompetence), and when the defendant has filed bankruptcy.
In Hawaii, when the injured party is a minor the limitations period begins to run on that minor's 18th birthday.
This exception does not apply in medical malpractice cases.
If an injured party is deemed to be mentally incompetent or insane, that person may file a claim at any time while the disability is present or within the limitations period after the disability is removed.
Generally, a state will follow one of three approaches when distributing the financial liability of defendants: joint liability, several liability, or joint and several liability.
If a state uses a system of joint liability, each defendant is liable up the total amount of the financial obligation.
For example, if a husband and wife are jointly liable for a debt, each person is responsible up to the full amount.
If the husband disappears, dies, or declares bankruptcy, the wife remains liable for the full amount.
In contrast, in a state following a system of several liability, the defendants are only liable for their respective portion of the damages.
The legal concept of joint and several liability is different in that it creates a scenario where each defendant in a legal action (assuming there is more than one defendant) is responsible for the entire amount of damages being pursued by the plaintiff, regardless of the individual share of damages actually caused by each defendant.
Supporters of Joint and Several Liability argue that this approach allows victims to be fully compensated, even if one of the defendants is unable to pay his or her share of the liability.
Under joint and several liability, if one defendant is not able to pay, the other defendants are liable for the entire judgment amount.
Critics of joint and several liability refer to this approach as the "deep pocket" rule because of the potential to quickly turn a lawsuit into a search for the defendant with the "deepest pockets.
" Because of potential for an unfair result, and in response to tort reform efforts, several states have limited the applicability of joint and several liability.
In Hawaii, the courts follow a modified joint and several liability approach in entering judgment against multiple defendants.
Generally, damages for economic loss in personal injury and wrongful death claims are joint and several.
If the defendant is 25% or more negligent, damages for non-economic loss are also joint and several.
If the defendant is less than 25% negligent, that defendant is subject to several liability only and damages are apportioned based on fault.
Statute of Limitations A statute of limitations is a statute, or law, that restricts the period of time, after certain events, that a person may initiate legal proceedings.
These time limits vary depending on the type of case and the state where the particular cause of action occurred.
For example, a person filing a personal injury suit in Maryland, such as an injury sustained in an automobile accident, has three years after the date of the injury to sue.
This is referred to as a three-year statute of limitations.
A lawsuit filed after the deadline set by the statute of limitations will be dismissed by the court unless circumstances allow for the tolling, or extension, of the deadline.
Statutes of limitations were established for a number of reasons.
Statutes of limitations promote the interest of fairness in that they prevent people from filing aged civil actions that may be based on faded memories and lost evidence.
These statutes also allow individuals to move on with their lives without fear of possible legal action several years later.
Hawaii's statute of limitations for a motor vehicle accident cases is two years from the date of accident.
If no-fault medical benefits ("PIP" or personal injury protection benefits) are paid out for the injured party's medical treatment, the statue of limitations is two years from the date of last no fault payment.
In slip and fall cases and premises or landowner liability cases the statute of limitations is two years from the date of accident.
In product liability actions must be filed within 2 years from the date of the injury.
In wrongful death cases actions must be filed within 2 years of the date of death.
Any claim brought after the statue of limitations has expired is subject to permanent dismissal by the Court.
Special Rules Tolling the Statute of Limitations A statute of limitations is tolled when certain conditions are present.
When a statute is tolled, the limitations period is essentially put on hold for a period of time.
Some typical reasons that a statute is tolled include situations when the victim of the injury was a minor at the time of the injury (minority), when the victim of the injury was mentally incompetent at the time of the injury (mental incompetence), and when the defendant has filed bankruptcy.
In Hawaii, when the injured party is a minor the limitations period begins to run on that minor's 18th birthday.
This exception does not apply in medical malpractice cases.
If an injured party is deemed to be mentally incompetent or insane, that person may file a claim at any time while the disability is present or within the limitations period after the disability is removed.
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