Verp & Leddy

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Joint and Several Liability

If you are involved in an accident that you believe several parties are at fault for causing, then you need to be mindful of what your recovery rights are against any or all of them.  Several only liability is applied to a defendant less than 60% at fault, while a defendant 60% or more at fault is liable jointly and severally. If judgment is uncollectable from a defendant, the plaintiff may recover the uncollectible amount of damages from solvent defendants who are responsible to pay their proportionate share of the unrecoverable award. N.J. Stat. § 2A:15-5.3 (1995). A defendant who pays more than its percentage share is entitled to seek contribution from the other defendants. N.J. Stat. § 2A:15-5.3 (1995).  

You need legal representation who understands the parties you can collect damages from and how to collect.  Contact the firm to schedule a free consultation today.