Illinois Personal Injury Attorney

What Is Joint and Several Liability?

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When a victim of negligence first walks into a law office, their first questions are often who can I sue? And what is my case worth? Of course, the answers hinge on a variety of factors. Simply attributing fault and assigning value to a specific claim can be complex undertakings. Furthermore, a variety of legal doctrines, often varying by state, influence how a case may proceed. In the State of Illinois, a good starting point for understanding liability in the personal injury context is the concept of joint and several liability.

What Is Joint Liability and Several Liability?

Joint and several liability may be pertinent when more than one party is at fault for the plaintiff’s injuries.

For example, in product liability claims, more than one party is often at fault. The producer may have negligent designed the product, a manufacturer may have negligently assembled the product, and a retailer may have negligently marketed the product.

Many plaintiffs assume a given defendant is required to pay damages only to the extent they are responsible for their injuries. However, because Illinois has adopted joint and several liability, the plaintiff can seek the full amount of the damages for medical bills and related losses from any of the at-fault parties individually.

As far as non-medical damages are concerned, any defendant who has less than 25 percent of the total fault will be responsible for only their proportionate share of the non-medical damages. A defendant with more than 25 percent of the total fault could be responsible for paying the full amount of the non-medical damages under the doctrine of joint and several liability. The plaintiff is free to seek damages from one or all parties – it is up to them. The only requirement is the party was in some way liable.

For example, if the producer, manufacturer, and retailer of a defective product are all found to be equally liable for injuries valued at $100,000, the plaintiff can collect the full judgment entirely from the producer even if it only shares one third of the liability. Because each defendant was more than 25 percent responsible in this example, joint and several liability applies to both medical and non-medical damages.

Contact a Will County Personal Injury Attorney

Overcoming a serious personal injury is incredibly challenging and may take years. The physical recovery is only one obstacle on the road back to normal. Victims may also face medical debt, job loss, and mental trauma.

Thankfully, victims have rights. If their injuries were the product of negligence, they can file a personal injury lawsuit against those responsible. A successful suit could bring the financial compensation victims and their families so desperately need. Michael J. Lichner – Will County Personal Injury Lawyer has been helping Illinois victims vindicate their rights through the legal system for decades. Our lawyers have practiced in courtrooms around the State, providing rigorous representation and advocacy.

If you need a Will County personal injury lawyer who puts client needs above the bottom line, contact Michael J. Lichner – Will County Personal Injury Lawyer today at 815-730-1977 for a free initial consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1117

Have Any Questions?

We know that you have important questions when you’re looking for an attorney. We’re always here to answer questions. There’s no cost or obligation to talk to our legal team. Learn more about your case and our legal services. Please contact us!
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How do I know if I have a case?

The most basic grounds for a case are that you’re hurt and it’s someone else’s fault, legally. There are multiple legal standards that may apply.

Most cases are accidents. The party responsible doesn’t necessarily have to have hurt you on purpose. Simple negligence, which is just an unreasonable absence of care, can be enough for the victim to have the right to compensation. In other words, you might have a case, even if it was an accident.

Ask us for your personal consultation. We can learn about what happened in your case and explain how the law may apply.

How will the value of my case be determined?

The purpose of a personal injury case is to compensate you fairly for the losses that you have suffered. That includes financial losses, plus the physical and emotional suffering that goes along with injuries. The question to answer is – What has the personal injury cost you, financially and personally?

There are other factors that may impact the value of a case. Comparative negligence may apply, for example. Punitive damages may be awarded, subject to statutory limitations and requirements for pretrial motion and hearing to amend the complaint. The legal strength of the case may also impact its value.

At your consultation, we look at your specific case and explain how the value of your case may be determined.

Will I have to go to court for my personal injury case?

Most Personal Injury cases don’t go to court, but we’re always ready just in case. In fact, aggressively preparing your case can be exactly what’s needed to reach a fair settlement. We’re always ready to pursue your interests as long as necessary for you to get justice.

It’s normal to be nervous about court. Many people ask us if their case will go to court, hoping that the answer is no. Rest assured that you’re hiring us to represent you. We’ll speak for you to the court. If it’s your turn to testify, we’ll make sure that you’re fully prepared and that you know what to expect.

As your legal representative, Michael L. Lichner works to understand your goals for litigation. He’ll discuss the pros and cons of going to court and help you make the right decisions for your case.

What types of damages can I recover in a personal injury lawsuit?

In a personal injury lawsuit, you can recover damages for the losses you have – financially and personally. You’ll have direct financial losses which may include medical bills, physical therapy, lost wages, and damaged property. You can put in a claim for these expenses.

In addition, when you have a personal injury, you suffer in a lot of ways that can’t be measured directly. For example, you will have physical pain. Injuries may cause mental injury and emotional anguish. Your lifestyle may change. These are real losses, too.

How can I have attorney Michael J. Lichner represent me?

If you’re interested in hiring Michael J. Lichner, contact us. Call or message us, and we’ll take it from there. We offer free consultations and no fee unless we win.

We’ll start with a consultation, answer your questions, and explain how representation works. When you pick us as your representation we’ll get right to work!

Don’t wait, contact us today!

Call 815-258-7877

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