This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff.
Virginia Answer - Personal Injury - Pharmaceutical - Multiple Defendants
State:
Multi-State
Control #:
US-PI-0262
Format:
Word;
Rich Text
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FAQ
The 50 percent rule allows a plaintiff to recover damages only if he or she is 49 percent at fault or less. Stated in another way, a plaintiff is completely barred from recovery if he or she is 50 percent at fault or more.
Joint and several liability is a legal term for a responsibility shared by two or more parties to a lawsuit. A wronged party may sue any or all of them, as well as collect the total damages awarded by a court from any or all of them. In such cases, responsibility for the total amount awarded would be shared by all.
A codefendant is one of multiple defendants jointly sued in the same civil action or formally accused of committing the same crime. For instance, if A sues B and C, B and C are codefendants.
Types of Torts in Virginia: List of Causes of Action. There are many tort causes of action available to you. Attorneys divide these tort claims into several categories: Intentional Torts, Negligence, Strict Liability, Reputation-Based Torts, Property Torts, Nuisance, and Workers Compensation.
Consolidated litigation is used when there are numerous plaintiffs in related lawsuits, often in MDL. A small subset of representative plaintiffs is selected for bellwether trials, where each plaintiff's claims are heard separately.
Virginia follows pure joint and several liability law. This means that all defendants have a right to contribution, or a responsibility to share the liability. If you or a loved one is involved in a personal injury case involving multiple defendants, joint and several liability will likely come into play.
Exceptions: each defendant is responsible for the fault of another person if the two were acting in concert to commit an intentional tort, if the other person was acting as agent or servant of the party, or the party's liability for the fault of another person arises out of a duty created by the federal employers' ...
Based on the 1947 court case Baskett v. Banks, Virginia is a pure contributory negligence state. In that case, the Supreme Court of Virginia stated, ?No person is entitled to recover from another for damages which have been occasioned by his [or her] own act or his own neglect.?