This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff.
Florida Answer - Personal Injury - Pharmaceutical - Multiple Defendants
State:
Multi-State
Control #:
US-PI-0262
Format:
Word;
Rich Text
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How to fill out Answer - Personal Injury - Pharmaceutical - Multiple Defendants?
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FAQ
3 Even if separate counsel were not required, a defendant would often prefer to have his own attorney rather than share one with another defendant. Therefore, in order to coordinate their defenses, joint defen- dants represented by separate attorneys often enter into joint defense agreements.
Liability can be imposed upon multiple parties in some cases. Courts have broad authority to assign liability between multiple defendants based on the facts of the case. For example, courts may decide which amount each defendant should pay if all are found to be at fault.
The defense may then turn around and argue there was a third party?one not named as a defendant in the lawsuit?whose actions also contributed to the accident. Such third parties are commonly referred to in Florida legal circles as a Fabre defendant. (The name comes from a 1993 Florida Supreme Court case, Fabre v.
If there is more than one defendant listed in the complaint each must respond, or default may be entered against the defendants who do not file an answer. Two defendants can share one answer form, but each must sign the answer and pay a separate filing fee.
It can be difficult for an attorney to represent both codefendants competently and diligently as required. The American Bar Association advises against representing co-defendants, but there is no general law forbidding it.
If multiple defendants are named in a lawsuit and they share responsibility, the plaintiff will be paid the full amount awarded and the defendants will engage in indemnification or contribution.
The amount your lawyer will take off the top of your settlement is a reasonable percentage for all the time and resources they put into your case. This percentage is typically around 33 percent. A personal injury lawyer from our firm will explain how payment works in more detail so there are no surprises.
An attorney can't represent two clients who have directly adverse interests. This includes the interests of former clients. Only a written waiver of informed consent allows an attorney to represent both, and even then, the attorney needs to be sure they can effectively advocate both parties.