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If you become injured in a car accident in Georgia and multiple parties are to blame, you undoubtedly have many questions that need to be answered. Understanding your rights and the steps involved in holding each responsible party accountable is crucial. You might need to pursue a lawsuit against multiple defendants
to ensure you receive the compensation you deserve for your injuries and losses. You are entitled to sue all potentially liable parties in the same lawsuit. This process involves several legal concepts, such as joint and several liability, apportionment of damages, and comparative fault.
Legal Concepts Involved In Naming Multiple Defendants In A Car Accident Lawsuit
Joint and Several Liability
Under traditional joint and several liability, each defendant could be held responsible for the entire amount of the plaintiff’s damages, regardless of their share of fault. However, Georgia law has moved away from pure joint and several liability. According to the Georgia Tort Reform Act of 2005, the state essentially abolished joint and several liability in most circumstances, especially in cases involving multiple defendants. Georgia now follows an apportionment of damages in cases involving numerous defendants.
Apportionment of Damages
Georgia law now requires the apportionment of damages based on each defendant’s percentage of fault. O.C.G.A. § 51-12-33. This principle means that if you sue multiple defendants, each defendant is only responsible for the proportion of the damages determined by their fault in the accident. A party can also be held liable even if they were not initially named in the lawsuit. The Georgia case of Zaldivar v. Prickett solidified the rule that a trier of fact must consider the fault of all parties who contributed to the tortious injury, whether or not they are named parties in the lawsuit. Zaldivar v. Prickett, 297 Ga. 589, 774 S.E.2d 688 (2015). Under this case law, a nonparty can be considered at fault if they committed an action against the plaintiff that was the proximate (meaning the direct) cause of his injury.
Comparative Fault
Georgia follows a modified comparative fault rule, which allows you to recover damages only if you are less than 50% responsible for the accident. O.C.G.A. § 51-12-33(g). Your percentage of fault reduces your recovery under Georgia’s apportionment statute. However, you are barred from recovering damages if you are 50% or more at fault.
Procedure for Suing Multiple Defendants
When suing multiple parties in Georgia, you must name each defendant in the lawsuit and serve each with a copy of the complaint. The complaint should detail the accident’s circumstances and each defendant’s alleged fault in sufficient detail. During the trial, the jury (or judge in a bench trial) will determine the percentage of fault attributable to each defendant and the plaintiff.
Takeaway
When pursuing a lawsuit involving multiple defendants in Georgia due to a car accident, it is crucial to understand how the Court or jury will apportion the damages and the effect of the victim’s comparative fault. It is advisable to consult with an experienced personal injury attorney who can help navigate the complexities of the case, from identifying all potential defendants to presenting a clear case regarding fault and damages in court. Gautreaux Law has highly experienced personal injury lawyers in Georgia who can guide you with your particular case.