Joint and several liability

What is joint and several liability?

Joint and several liability historically allowed an injured person to collect an entire judgment from any one defendant found liable, regardless of that defendant's percentage share of fault.

New Jersey has modified this significantly. A defendant found less than 60 percent responsible is generally liable only for their own percentage share, not the full judgment.

A defendant found 60 percent or more responsible remains liable for the full amount, preserving the traditional rule for the party who bears most of the fault.

The distinction matters enormously when one defendant has substantial coverage and another has little or none.

Why does the 60 percent threshold matter?

Because it determines whether you can actually collect your full damages from the party best able to pay.

• Below 60 percent fault, a defendant owes only their own share
• At or above 60 percent, a defendant remains liable for the whole judgment
• A judgment may therefore be uncollectible in part despite being legally correct
• Fault allocation among multiple defendants becomes strategically critical
• An underinsured defendant's share may go unpaid regardless of the judgment

What does this mean practically?

That a full damages award does not guarantee full recovery. If a minimally insured defendant is found 20 percent at fault, that portion of the judgment may be effectively uncollectible.

This is why insurance coverage and each defendant's assets matter as much as the merits of liability. A legally sound judgment against an uninsured party has limited practical value.

It is also why fault allocation between defendants is contested vigorously, since the 60 percent line determines whether joint liability applies at all.

How does this affect strategy?

It makes identifying every potentially liable party and every source of coverage essential from the outset, since an uncollectible share cannot be recovered from someone else after the fact.

Underinsured motorist coverage can sometimes fill gaps left by an inadequately insured defendant, which is one reason reviewing your own coverage matters even when someone else caused the crash.

Where multiple defendants exist, understanding each one's likely fault percentage and coverage before trial shapes negotiation considerably.

Common questions

Can I collect my whole judgment from one defendant?

Only if that defendant was found 60 percent or more at fault. Below that threshold, each defendant owes only their proportionate share.

What if one defendant has no insurance?

Their share of the judgment may be effectively uncollectible unless another source, such as underinsured motorist coverage, applies.

Does this rule apply to all injury cases?

It applies broadly in New Jersey negligence cases, though specific statutory schemes can modify how allocation works in particular contexts.