Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Mississippi to discuss your specific situation.
Detailed Answer
When multiple parties share liability and a single insurance policy limit is exhausted, you can still pursue the at-fault parties for the shortfall. Mississippi law provides mechanisms to identify additional assets and obtain judgments beyond the shared policy limit.
1. Identify and Name All Potential Defendants
File a lawsuit against each person or entity whose negligence contributed to your damages. Under Rule 20 of the Mississippi Rules of Civil Procedure, you may join multiple defendants in one lawsuit if the claims arise from the same transaction or occurrence.
2. Seek Joint and Several Liability or Contribution
While Mississippi applies joint and several liability for economic damages, you can also seek contribution among tortfeasors. Section 11-7-15 of the Mississippi Code provides that when one tortfeasor pays more than his pro rata share, he may recover contribution from other joint tortfeasors.
Link to statute: Miss. Code Ann. § 11-7-15
3. Obtain Separate Judgments
If the shared insurer’s policy limit is exhausted, obtain judgments against the remaining defendants for their share of damages. You may enforce judgments against a defendant’s personal assets, wage garnishment, bank accounts, or liens on property.
4. Utilize Post-Judgment Remedies
After obtaining a judgment, use discovery tools—like interrogatories and subpoenas—to uncover hidden assets. File writs of execution or garnishment to collect from judgment debtors.
Key Mississippi Statutes
- Miss. Code Ann. § 11-7-15 – Contribution Among Joint Tortfeasors
- Miss. R. Civ. P. 20 – Permissive Joinder of Parties
Helpful Hints
- Early in litigation, request insurance coverage information through interrogatories.
- Review each defendant’s asset statements to tailor collection strategies.
- Consider settlement negotiations targeting solvent defendants after policy exhaustion.
- Keep detailed records of payments and judgments to support contribution claims.
- Consult a Mississippi attorney experienced in tort litigation for tailored advice.