The Single-Recovery Rule: What It Means for Plaintiffs and Defendants

Q: Can I still sue if I settled with one defendant?

Yes, but your potential recovery from other defendants will be reduced by the amount you received in the settlement.

Q: Is the single-recovery rule the same in every state?

While the principle is widely recognized, specific applications may vary by state.

Definition & Meaning

The single-recovery rule is a legal principle stating that a plaintiff can receive only one recovery for a specific harm or injury. This means that if a jury awards multiple remedies for the same issue, the plaintiff must choose only one remedy to pursue. This rule also ensures that defendants receive credit for any amounts the plaintiff has already received from settlements with other parties. This prevents a situation where a plaintiff could receive more compensation than the actual harm suffered, thereby protecting the rights of defendants.

Table of content

Legal Use & context

The single-recovery rule is primarily used in civil law, particularly in tort cases where damages are sought for personal injury or property damage. It is crucial in ensuring fairness in the legal process by preventing double recovery for the same injury. Users can manage related legal processes using tools like US Legal Forms, which provide templates for various legal documents related to settlements and claims.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A person injured in a car accident receives a settlement from the other driver's insurance company. If they later win a jury award for the same injury, they must choose between the settlement amount and the jury award, but cannot combine both.

Example 2: A plaintiff sues multiple defendants for the same injury. If one defendant settles and pays a portion of the damages, the remaining defendants can reduce their liability by the amount already paid (hypothetical example).

State-by-state differences

Examples of state differences (not exhaustive):

State	Key Differences
California	Allows for specific statutory exceptions to the single-recovery rule.
Texas	Emphasizes the importance of the jury's determination of damages, potentially leading to different outcomes.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Difference
One-satisfaction rule	Another term for the single-recovery rule.	None; they are synonymous.
Joint and several liability	Legal doctrine allowing a plaintiff to recover damages from any defendant regardless of their individual share of liability.	Joint and several liability allows multiple recoveries, while the single-recovery rule does not.

Common misunderstandings

What to do if this term applies to you

If you believe the single-recovery rule applies to your situation, consider the following steps:

Review any settlements you have received to understand how they may impact your potential recovery.
Consult with a legal professional to discuss your case and ensure you understand your rights.
Explore US Legal Forms for templates that can help you manage your legal documents related to settlements and claims.

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Quick facts

Applies primarily in civil law cases.
Ensures no double recovery for the same harm.
Defendants receive credit for prior settlements.
Varies slightly by state, particularly in exceptions.

Key takeaways

Frequently asked questions

What happens if I receive multiple settlements?

You must choose one recovery option, as the single-recovery rule prevents you from combining them.