Managing Personal Injury Claims Including Multiple Defendants
The most straightforward personal injury claim involves one defendant. However, the case becomes significantly more complex if multiple parties are at fault. In these situations, it’s vital to hire experienced legal counsel to identify every potential defendant and hold them accountable for their role in injuring you.
At Brown & Hobkirk, PLLC we have extensive experience handling all types of personal injury claims, including cases where numerous parties are responsible for our clients’ injuries. Let us guide you through the process of determining liable parties, contending with various insurance policies, and assessing shared degrees of fault. Contact us today for a free consultation* with a proven Arizona personal injury lawyer.
What Happens When a Personal Injury Claim Involves Multiple Defendants?
A defendant is a person or entity accused of wrongdoing in a legal case. In personal injury claims, the defendant is the party you believe caused your injury. When your claim involves more than one party, recovering compensation gets more complicated. Here’s what typically happens in these cases:
First, you (or your attorney) must identify all parties responsible for your injuries. Examples of potential defendants include individuals, businesses, or other entities. Each one might have played a different role in causing your injury. For instance, in a truck accident case, a negligent truck driver, trucking company, or maintenance provider could all share fault for an accident caused by brake failure. An experienced personal injury lawyer can investigate the crash to determine what went wrong and who should be held accountable.
Once all defendants are identified, your lawyer will file a separate claim against each of them. This step requires proving each party’s responsibility for your injury. Each defendant will likely have their own insurance provider or lawyer. Disputes often arise over who is truly at fault. Some defendants may deny responsibility or try to shift the blame onto someone else — including you.
As the legal process continues, each defendant will present their side of the story. Meanwhile, your personal injury attorney will gather compelling evidence showing how each party contributed to your injury. The goal is to establish every defendant’s level of responsibility and seek fair compensation accordingly.
Why Are Cases with Multiple Defendants More Complex?
Personal injury cases with multiple defendants are more complex than cases involving a single defendant because of the work required to do the job correctly. Accident victims must:
- Determine each defendant’s degree of fault – Each party might have contributed to your injury in different ways and to varying degrees. For example, in a car accident involving multiple vehicles, one driver might have caused the initial crash while another motorist caused a secondary collision that worsened your injuries. Your lawyer must gather detailed evidence to establish each party’s degree of fault and unravel the chain of responsibility.
- Coordinate with multiple legal teams – Each defendant will likely have their own attorneys, all of whom will present different defenses to your personal injury claim. They might deny responsibility or point the finger at another party as the liable one, creating a complicated legal situation. Your legal team must analyze these defenses and counterarguments to advocate for your best interests, which demands extensive communication and strategic planning.
- Manage large amounts of evidence – There is usually more evidence to review and present in cases with multiple defendants. This evidence can include witness statements, medical records, accident reports, forensic data, and expert testimony. Collecting and organizing all relevant evidence and presenting it effectively requires meticulous attention to detail and significant resources.
- Deal with multiple insurance providers and policies – Each defendant might have different amounts of insurance coverage, which will impact the amount of compensation available in your case. Negotiating with multiple insurance companies can be time-consuming and requires knowledge of various policy terms and limits. Your lawyer must handle these negotiations carefully to secure adequate compensation from each defendant’s insurance provider.
- Prepare for lengthier and more complex trial proceedings – With multiple defendants, the trial process will likely involve more witnesses, longer testimony, and more extensive cross-examinations. The judge and jury must understand each defendant’s role in causing your injury, which can extend the duration of the trial. This greater complexity can also increase legal costs and the emotional strain of pursuing your case.
Identifying Responsible Parties
If your personal injury case involves multiple defendants, your lawyer will start by examining the role of each party involved in the accident to determine whether they are responsible. For example, in a defective products case, your attorney would look at everyone involved in the chain of distribution, including designers, manufacturers, distributors, and retailers.
Next, your personal injury lawyer will thoroughly review all the accident details by gathering all available evidence, such as police reports, medical records, and any photographs or videos of the incident. They might also visit the accident scene to understand the conditions and factors that could have contributed to the injury.
Then, your lawyer will interview witnesses to get firsthand accounts of the incident. Witnesses can provide valuable information about who was present and what actions each party took that might have contributed to the accident and your injuries.
Finally, your lawyer might consult experts, such as accident reconstruction specialists, to analyze the technical aspects of the case. These experts can provide insights into how the accident occurred and who might be at fault for your injuries.
Why You Need a Personal Injury Lawyer
A skilled lawyer can make a significant difference when personal injury claims involve multiple defendants. These cases require intelligent legal strategies, careful planning, and a deep understanding of Arizona law. Trying to manage settlement negotiations alone could leave you stressed, confused, and unclear about how much personal injury compensation you are entitled to receive.
A personal injury lawyer can take the burden off your shoulders by:
- Conducting an independent investigation into the accident to identify all liable parties
- Collecting and preserving vital evidence to support your claim
- Interviewing witnesses for unbiased accounts of the incident
- Consulting experts for professional opinions on any technical matters
- Developing a clear legal strategy tailored to your unique case
- Handling all communication with each defendant and their legal team, reducing your stress and allowing you to focus on recovering from your injuries
- Shielding you from unfair accusations of liability under Arizona’s comparative negligence laws
- Filing the necessary legal documents accurately and on time
- Negotiating with all relevant insurance companies to seek fair compensation
- Advising you on the fairness of a proposed settlement offers to help you make informed decisions
- Filing a personal injury lawsuit and representing you at trial, if necessary, to present a compelling case to the judge or jury
Contact an Arizona Injury Lawyer Now
If you have a personal injury case involving multiple defendants, don’t wait to get the help you need. Contact Brown & Hobkirk, PLLC for a free initial consultation.