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Houma Car Accident Litigation Involving Multiple Defendants

If there are multiple defendants, the litigation proceeds just as if there is only one defendant. The plaintiff goes first and the defendant goes second. If there is a second or third defendant, they follow in that order. The order in which the case is presented before the court does not change. It is always going to be the plaintiff first and the defendant(s) second. Contact a capable car accident attorney for more information regarding Houma car accident litigation involving multiple defendants.

Impact of Multiple Defendants and Health Privacy Laws

Having multiple defendants might influence the outcome of the case because Louisiana law compares the fault of all parties. If a plaintiff is zero percent at fault and there are two defendants with some fault, they share in the fault. It may be a 50-50 split, or one may be more at fault than the other so it may be a 30-70 split. If both defendants are at fault, they may be pointing the finger at each other during Houma car accident litigation involving multiple defendants.

When multiple defendants are on the stand, typically the health privacy laws are not going to affect the trial. The medical records and communications between any individual and their healthcare provider are privileged communications, which means they are private and the healthcare provider may not reveal the communications or information without the written consent of the patient.

In Louisiana, when someone is bringing a claim for damages for personal injuries, the healthcare provider privilege is waived. That means that information ordinarily kept private and privileged is going to be allowed to be revealed such that the defendant may discover relevant information from the healthcare providers of the injured party.

Discussing Pertinent Medical History in Court

Under the rules of evidence, which governs which facts may be heard by a jury, the patient-physician privilege is waived in personal injury claims. A personal injury plaintiff, who has been injured, has to present evidence as to their medical condition and the defendant may defend the case by researching the pertinent medical history of the injured party. This does not violate health privacy laws in Louisiana.

Presenting an Argument to Multiple Defendants

How a car accident lawyer presents their argument to multiple defendants in a car crash depends on the facts. If a plaintiff was stopped in traffic and was rear-ended because the following vehicle chose not to keep a proper lookout or was involved in distracted driving, such as using a cellphone or texting, fiddling with the radio, or being asleep or intoxicated, they would be considered at fault.

Suppose another vehicle following the second vehicle then rear-ends the second vehicle. It may be a chain collision in which two vehicles to the rear cause the second collision. If it happens close in time, it is hard to figure out what at-fault party, caused what harm. In some circumstances, both parties may be at fault for all injuries.

If it can be determined that an injury to a party was caused only by one party, proof is made on that point. Sometimes in a Houma car accident litigation involving multiple defendants, defendants are equally at fault with the same ability to pay.