If you are a plaintiff trying to bring a multiparty claim in a Muskogee auto accident, you have much more work than you would have had before the adoption of a new approach in 2011. Pure several liability in Muskogee applies to all civil suits, except those arising from contracts. Okla. Stat. tit. 23 § 15
Read on to learn more about how pure several liability in Muskogee, Oklahoma can affect your auto accident claim.
Pure Several Liability in Muskogee
Pure several liability is about the allocation of risk. In pure several liability jurisdictions, allocation of risk is squarely on the shoulders of the plaintiff. A plaintiff collects from each defendant the portion damages arising from the guilt of each in a multiparty suit.
In jurisdictions where liability is joint and several, a plaintiff collects his or her damages from any one of the defendants in a suit — irrespective of the percentage of fault is attributable to the particular defendant.
Allocation of risk in joint and several liability in Muskogee is solely the responsibility of the defendant from whom the plaintiff collects damages.
How Does a Plaintiff Identify Tortfeasors?
An auto accident may involve just one vehicle being at fault. However, at times, it may include being hit several times by different others. When more than one driver is guilty, it becomes necessary to assign fault to each concerned party for the damages each causes.
Pure several liability laws expect a plaintiff to assign fault to each guilty party in the accident. Each tortfeasor will only pay for damages caused. Before starting the process of making claims, it would be advisable to work with an attorney experienced in multiparty auto accident claims.
Here is what a plaintiff will need to do to be able to assign fault in a multiparty accident claim.
- Consider hiring an accident reconstructionist. Such a professional could be very instrumental in helping you understand liability and to what degree each tortfeasor could be held responsible.
- Understand who was at fault in each case and to what degree. Obtain a detailed police report. Find out the damage to all the vehicles at the scene of the auto accident and get any pictures taken at the scene if possible.
- Make sure all the defendants are named in the suit that you file in court. A court-mandated settlement conference may see the matter settled out of court at this stage. If all the tortfeasors happen to be present, and it is clear who caused what damage, the plaintiff should go for the settlement mediated out of court. However, cases where multiple parties are guilty are not always quickly resolved.
Multiparty Claims Can Get Difficult
Multiparty claims can be challenging to navigate. Figuring out who is at fault and how to assign liability can get complicated. As an inexperienced plaintiff, you may not understand how to get the compensation you deserve.
Talk to an experienced Muskogee attorney today, and get the expert help you need.
Free Consultation: Muskogee Personal Injury Attorney
Have you been involved in an accident and are looking to pursue a claim? Talk to our Muskogee personal injury attorney today. Even if you have already started talking to your insurance adjusters, our lawyers could be of help to you.
Our knowledgeable personal injury attorneys pride themselves on providing you the best possible legal representation at reasonable rates.
Call 918-913-0725 today for an initial free consultation with our Muskogee attorney. You can also submit the question form at the top right of this page.