Escondido, CA asked in Personal Injury for California

Q: I looked up my PI case and noticed that there are 4 total defendants - do they all combine as one defendant/legal team?

This is not a request for legal advice but just clarification of how this type of lawsuit works.

The defendants are the main property owner (shopping center) but apparently also 3 huge commercial real estate investment firms that according to google helped finance this property for the main defendant.

My question is - does my lawyer now have to fight 4 separate legal teams now or how does that work, do they come together and hire one team of lawyers?

I ask because I read in previous cases that in such cases with multiple defendants that did go to court, some of the defendants opted to settle out of court...

Is this good or bad? Does this mean some of the defendants could possibly choose to settle with me out of court and then I can still either reach separate settlements with the remaining ones or go to trial with the separate remaining defendants?

Also, am I correct to assume that this will make the case take longer than if it was just one defendant?

Thank you!

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3 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, when multiple defendants are named in a personal injury (PI) case, such as your situation with the property owner and the investment firms, it's common for these defendants to be represented either individually by separate legal teams or collectively by one team, depending on their relationship and the specifics of the case. If their interests align closely, they might choose to be represented together to streamline the defense process. However, if their interests or their levels of liability differ significantly, they might opt for separate representation.

Regarding the possibility of some defendants choosing to settle out of court while others do not, this can indeed happen. Each defendant can make independent decisions based on their assessment of the case, their liability exposure, and their legal strategy. This could mean that you might settle with one or more defendants while continuing to litigate against others. This approach can sometimes lead to quicker resolutions with some parties, while prolonging the overall resolution of the case if it continues against others.

The involvement of multiple defendants can generally make a case more complex and potentially extend the duration of the legal proceedings. Each party's legal strategy, willingness to negotiate, and the specifics of the litigation can influence the timeline. It's also true that different outcomes with various defendants can affect the overall trajectory and duration of your case. It’s important to stay in close communication with your lawyer, who can provide tailored guidance and strategy based on the developments in your case.

1 user found this answer helpful

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: Your attorney will need to sort things out with the individuals defendants. There's no mention in your post of how liability will be apportioned between them. In such situations, if you're talking about four different vehicles, it's possible that everyone's individual share is different, which could result in distinct claims. A California attorney could advise more definitively after seeing the police report. Good luck

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: Addendum - I apologize. I unconsciously and quickly outlined my response in terms of vehicles, probably due to seeing the "Personal Injury" heading. But nonetheless, the same premise holds true - liability could differ on an individual basis, whether the underlying transaction involves personal injury or real estate transactions. Good luck

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