The Challenges of Personal Injury Cases Involving Multiple Defendants

Personal injury cases involving multiple defendants can be especially complicated. Each defendant will have their own legal team, insurance company, and litigation strategy – all of which can create obstacles for anyone seeking compensation for their injuries.

What types of cases usually involve multiple defendants?

These types of cases typically arise in accidents where more than one person shares responsibility. Here are a few examples:

• A truck accident. A truck driver will often be at fault for negligent driving. The trucking company could also share responsibility for poor maintenance or because they forced the driver to meet an unrealistic schedule, which encouraged speeding or driving too many hours straight.
• An oil field accident. Here, an oil field worker might fail to follow safety protocols, but a third-party equipment manufacturer could also be held liable if defective machinery caused the accident.
• A slip and fall accident. The property owner is often at fault for failing to maintain safe conditions. However, a maintenance contractor or cleaning company could also share the blame.

Having multiple parties can complicate the process of proving fault and securing your fair compensation. When you have multiple defendants, a variety of challenges can arise. Our personal injury attorneys can help.

What are the complications of cases with multiple defendants?

One of the most frustrating parts of dealing with multiple defendants is the finger-pointing. Each defendant will likely try to shift the blame onto the others. For example, the truck driver might argue that the trucking company didn’t maintain the brakes of the truck. At the same time, the trucking company might try to shift blame onto the company that loaded the truck or onto the driver. All of the blame-shifting can confuse the analysis.

Further, personal injury cases involving multiple defendants require a deep understanding of liability laws. Here in North Dakota, we follow a modified comparative fault system. What this means is that you can recover damages for your losses if you’re less than 50% at fault, but your compensation will be reduced by your percentage of fault. When multiple defendants are involved, determining how fault is divided among them adds yet another layer of complexity.

Multiple defendants also mean there are multiple insurance companies involved, and each insurer will have its own adjusters and attorneys working to protect their clients’ interests. This could lead to delays, conflicting settlement offers, and other hurdles when you’re trying to negotiate a fair outcome.

Cases with multiple defendants also often take longer to resolve and cost more to litigate. As you try to address the actions of each defendant, depositions, expert witnesses, and court appearances increase. This added complication can be overwhelming, especially if you’re already dealing with medical bills, lost wages, and emotional stress.

However, these cases aren’t impossible to win. Working with the experienced attorneys at Larson Law Accident & Injury Lawyers can make all the difference. Here’s how we can help:

• Any successful case starts with a detailed investigation. Our lawyers work to collect evidence, review accident reports, and interview witnesses. For example, in a trucking accident, we might review the truck’s maintenance logs and the driver’s hours-of-service records. This investigation helps us build a strong case and identify every party that might share liability.
• Proving fault is more complicated when multiple defendants are involved. We work to establish how each defendant’s actions contributed to your injuries. This often requires working with expert witnesses – like accident reconstruction specialists, medical professionals, or engineers – to create a clear picture of what happened and who is responsible. For example, if an oil field accident involved a defective piece of equipment, one of our experts could help demonstrate that a manufacturer failed to meet safety standards while a contractor failed to train workers on proper use.
• Negotiating with multiple insurance companies requires skill and strategy. We evaluate each defendant’s level of liability and work to secure a fair settlement. If one defendant is unwilling to settle, we might focus instead on reaching agreements with the others to reduce the number of parties involved in litigation. It’s also important to remember that insurers will try to use that finger-pointing tactic to their advantage. We anticipate this strategy and counter it with strong evidence and clear arguments.
• Although many personal injury cases are resolved through a settlement, some may require going to court. We work to ensure that your case is presented clearly and concisely, with compelling evidence that demonstrates each defendant’s responsibility. While litigation can be intimidating to think about, it’s often the best way to secure full compensation when defendants refuse to accept responsibility. We can help.

How can your attorneys help with my case?

If you’re dealing with a personal injury case involving multiple defendants, you need an experienced lawyer on your side. These cases are simply too complicated to handle on your own. Our skilled attorneys can:

• Personal injury cases have strict filing deadlines, and missing them could jeopardize your chances of compensation. We help keep track of these dates to protect your claim.
• Protect your rights. Defendants and their insurers may try to pressure you into accepting a lower settlement. We fight to ensure you’re treated fairly.
• By thoroughly investigating your case and building a strong argument, we work to secure the full compensation you deserve.

If you or a loved one are facing a personal injury case involving multiple defendants, don’t try to handle this complex process alone. Let the experienced personal injury attorneys at Larson Law Injury & Accident Lawyers help you secure the compensation you deserve. Give us a call or fill out our contact form to schedule a free consultation in Fargo, Minot, or Bismarck.