Lawyer Explains Joint & Several Liability vs Apportionment in Georgia

In Georgia as in most states, “joint and several liability” was the rule for decades or centuries. This rule governed who had to pay what when a plaintiff sued multiple defendants. In 2005, Georgia’s legislature changed the rules and created a law that lawyers call “apportionment.” It fundamentally changes what happens when a plaintiff sues multiple defendants.

This rule applies in most kinds of cases we handle. There are some exceptions, but in general it applies in wrongful death cases and personal injury cases. It applies in truck accidents, car accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, shootings, sexual assaults, and product liability cases.