How to Claim Damages from Multiple Defendants

Whatever the details of a personal injury case, figuring out how to claim damages can be confusing. Most often, cases are settled out of court with one defendant, but when multiple defendants are involved, things can get tricky.

Whether you’ve had to call a drug injury lawyer in Farmington, Utah or elsewhere, personal injury cases can become complicated when dealing with multiple defendants.

One notable case of multiple defendants, Summers v. Tice, occurred in 1948. Case Briefs, an online legal resource, summarizes the account. On a hunting trip two men, Tice and Simonnson, had been instructed on proper weapon handling, yet upon seeing a pheasant near the guide’s (Summers) head, two shots were fired and hit Summers in the eye and upper lip.

Summers sued both parties for negligence. Because it was possible that only one party was guilty, the injury lawyer protested and the court offered Tice and Simonson the opportunity to prove one party’s innocence. Unable to do so, both defendants were held responsible to pay damages.

As stated on Case Briefs, “The court reasoned further that it was Defendants’ burden to offer proof as to the apportionment of damages.”

This case has affected court decisions in Farmington, Utah and across the nation with the introduction of alternative liability. As defined by a scholarly article from the University of Pennsylvania, “Alternative liability permits the plaintiff to prove causation against the group of defendants.”

For example, in a drug injury case, if the plaintiff is unsure who to hold responsible, they can sue multiple defendants. The court won’t hold the plaintiff or lawyer responsible for knowing exactly who did what in a personal injury case if evidence is strong enough.

This is good news for anyone who has suffered personal drug injury in Farmington or elsewhere with multiple companies involved. Normally, a plaintiff is able to sue a corporate business when dealing with drug injury, but this can become tricky as well.

A book coauthored by Graham Dukes, “Responsibility for Drug-induced Injury” notes that often drug companies can be located overseas, adding complexity to lawsuits filed against them. 

Dukes states, “The number of instances of drug injury actions being brought internationally…appears likely to increase, particularly with the development of a harmonized drug control regime throughout the area of the European Union.”

From Farmington to the big city, with alternative liability and a good lawyer on your side, settling a personal injury case with multiple defendants doesn’t have to be as complicated as it sounds. 

Emily Culp is a legal writer reporter for Fusion 360, an SEO and content marketing agency. Information provided by Robert J Debry. Follow on Twitter