Have Legal Questions? Ask a Lawyer Now.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
On a case like this if a finding is made against any number of the defendants then they are all equally liable for the entire amount.
It is what is known as "joint and several liability".
However, it does not seem like the kind of case they would be likely to win if someone fought it.
How old was the person who was actually injured?
20 at the time
There is a three year statute of limitations in this case.
Did it happen more than three years ago?
yes it was filed 2 days before the actual 3 year date
more than 3 years now
If they filed it within the three years and served him soon afterwards that is good enough.
He can file an Answer himself but he probably wants to hire a lawyer to file it for him. Theoretically he could be on the hook for the entire amount of the judgment.
ok so if there are 8 defendants then say each would be responsible for 6,000 if lost? and how approximately how much would an attorney cost to fight it
In addition, he may be able to ask for his attorneys fees back as a sanction for a frivolous lawsuit.
short time to find an attorney. what if we dont in time?
How come he could be responsible for entire amount?
He can file an answer himself. If he will go down to the clerk of court's office and look in the file someone else may have already hire an attorney to file an Answer. If not, he can look through the files until he finds an answer in another case.
As to why he could be responsible, it's that first answer I gave you. Each defendant is responsible for the entire amount. The Plaintiff can't recover more than one full amount but each of the defendants could be liable if any of the others can't or don't pay.
really? So it's filed in Superior not district court. That's where he'd have to go?
Yes. Go to the clerk of courts.
Not the court itself.
And the kind of attorney he'd need is a civil, correct?
Yes. Civil litigation. You can find one at www.lawyers.com.
You're very welcome. Anything else I can assist with before I exit to help others.
no thank you
Best wishes to you and your son on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.