There are numerous reasons why an individual may want to sue another party. Whether or not that individual actually has legal grounds to bring a lawsuit, however, will depend on several factors.
Examples may include serious vehicle accidents that are caused by other drivers and medical malpractice cases where a surgeon performs an operation on the wrong body part. Other situations may not be as clear as these types of cases.
In fact, there are certain situations where a layperson may not be aware that they have grounds for bringing a lawsuit. There are also certain situations where an individual may be able to take legal action but the facts of their case are not strong enough to get past the initial stages of a lawsuit.
In these cases, the lawsuit will typically be dismissed. Because of this, it is important for an individual to consult with a lawyer before they proceed with a legal action.
An individual should also hire an attorney who specializes in the same area of law as their cause of action. For example, if an individual is injured in a car accident caused by another motorist, they should hire an attorney who handles personal injury cases.
Simply because an individual feels upset or angry over a dispute does not always mean that the facts of the case are enough for the individual to take legal action against a party in court. The individual will need to show that they suffered an injury, for example, a financial loss or physical harm, because of the other party’s actions.
An individual will also have to ensure that the action is appropriate for civil court and does not need to be brought by a prosecutor in a criminal court. If a case is a criminal matter, it will have to be reported to the local authorities who will then investigate the claim and send it to the district attorney for review.
Although many criminal matters can be tried in civil court for a victim to recover damages, it may not always be possible to do so in every case.
How Do I Know if I Have a Viable Lawsuit?
As noted above, it is essential to consult with an attorney in order to determine whether or not the individual has a viable reason to sue the other party in court. One common place to begin is to demonstrate that the individual suffered some type of injury.
This may include a financial loss or a physical injury. In some cases, a plaintiff may also have emotional injuries.
These however, are usually harder to prove and are not as widely accepted by the courts. The individual or entity that the injured party wants to sue must have been the cause of the injury.
For example, with the vehicle accident example above, the individual who is injured in a car accident would sue the other driver if the individual believed it was their fault. One other major factor for determining whether the injured party can sue is being able to prove that they could recover monetary damages for their injuries.
In other words, the individual would have to provide a valid legal reason that justify a legal remedy for the harm they suffered.
Joinder: How to Sue Multiple Parties
In many lawsuits, there is only one defendant, or individual being sued, at one time. For example, if an individual has an employment contract that is breached, they would sue their employer and their employer only.
There are, however, other instances in which multiple parties may be responsible for the harm. This type of situation would require a lawsuit with multiple defendants to be filed.
A lawsuit with multiple defendants means that the plaintiff is suing multiple defendants.
Common Examples Where Joinder Is Appropriate
There are several examples of types of cases where joinder is appropriate, including:
Another example is when a doctor’s negligence causes an individual harm while they are in the hospital. In these types of cases, the individual may be able to join the doctor, hospital, and hospital staff into one lawsuit through joinder.
Or, if an individual is harmed by a product that is mass-produced, they may file a product liability claim. In this type of claim, joinder may also be appropriate.
The plaintiff can join the manufacturer who created the product and the retailer who sold the defective product in one lawsuit.
Can Joinder Be Used for Two Separate Occurrences?
Yes, a plaintiff can join multiple claims and parties into one lawsuit using joinder. For example, if an individual breaches a contract with them and assaults them when they sue for breach of contract, the plaintiff can join the claims of breach of contract and assault into one lawsuit.
Can I Recover Twice the Full Amount from Both Parties and Get Double Damages?
No, a plaintiff cannot recover more than what they are entitled to. An individual may sue both parties but they will only receive the amount that they are entitled to as a plaintiff.
If a plaintiff receives more than they were entitled to, they would be unjustly enriched.
How Hard Is it to Join Parties and Claims into One Lawsuit?
Joinder is not always granted by a court. The party that is requesting joinder will need to show that a similar question of law and fact exists.
There are cases when it is easy to determine that a similar question of law and fact exists. In other cases, it is more difficult to determine whether a similar question of law and fact exists.
Because of this, whether or not joinder will be granted is determined on a case-by-case basis.
What Happens if I Don’t Join Necessary Parties to a Lawsuit?
If a party does not join necessary parties to a lawsuit, they may be barred from suing another responsible party if they are not included in the initial lawsuit. However, an individual may not always be barred.
In some situations, the individual may simply need to file another lawsuit. This, however, may take a lot of time and be quite a hassle.
How Do Defendant’s Split the Money if They Are Both Liable?
If multiple defendants are named in a lawsuit and they share responsibility, the plaintiff will be paid the full amount awarded and the defendants will engage in indemnification or contribution. These laws allow a plaintiff to recover for the injury or harm they suffered and the defendants fight over their proportional share later.
Should I Get a Lawyer to Help with a Joinder?
Joinders may be very complex. Ensuring that the proper parties are sued is very important.
Because of this, it is important to consult with a personal injury lawyer who can determine if your case is eligible for joinder. If so, your lawyer can help you through the process and ensure your rights are protected.
As noted above, joinder is determined on a case-by-case basis. A lawyer is best equipped to present to the court the reasons why parties should be joined in a lawsuit.
Having a lawyer handle your joinder case will help ensure that you recover the damages you are owed from the correct parties.
