If more than one person is at fault for your injuries, you can file a personal injury claim against one or all of them.
In most states you can file your claim against any one of the responsible parties and they'll be responsible for compensating you fully. Then that party’s insurance company will be in charge of getting money from other responsible parties, so you typically don't have to worry about those details.
In a few states each party responsible will pay a proportion of damages depending on their amount of fault in the case. In those states, not naming all parties up front could keep you from getting full compensation.
The different parties in question don't necessarily decide amongst themselves who's most at fault. If you, your attorneys, and the parties at fault can negotiate before filing a lawsuit, then all of you come to an agreement together as to who bears what percentage of fault. If you choose to file a suit in court and the case goes all the way to trial, the jury will decide who has what percentage of fault.
Your attorney will help you make a decision about who to file against according to the details of the case. For example, if one of the responsible parties has insurance and the other doesn't, you'll probably want to make your case with the insured person because that strategy increases the chances you'll get the full compensation you deserve.
If you're injured in an accident and want to pursue a personal injury claim, call us today at 816-842-7100 to speak with an attorney that will fight to get you the compensation you deserve. Or you can click here to email us and schedule your free consultation.