What Is a Divisible Injury in Personal Injury Law?
A divisible injury is an injury where the harm can be clearly separated and attributed to multiple causes or parties. In personal injury cases, this means each defendant can be held responsible for a distinct portion of the damages caused by their actions. Divisible injuries are often contrasted with indivisible injuries, where the harm cannot be split and must be attributed collectively.
Examples of Divisible Injuries
- Multiple Accidents: A person suffers a back injury in one accident and later experiences a separate neck injury in another, with clear medical evidence differentiating the harm.
- Workplace Exposure: Harm caused by exposure to multiple chemicals, where medical tests identify each chemical's specific contribution to the injury.
- Car Accidents: A plaintiff sustains two distinct injuries (e.g., broken arm and whiplash) from two separate negligent parties.
Why Divisible Injuries Matter in Personal Injury Cases
- Allocating Fault: Divisible injuries allow courts to assign responsibility to each party based on their contribution to the harm.
- Calculating Damages: Compensation is divided proportionally to reflect the role each defendant played in causing the injury.
- Simplified Litigation: Clear separation of injuries helps avoid disputes over shared liability.
Legal Considerations
Proving a divisible injury requires detailed medical evidence and expert testimony to demonstrate how the harm was caused and separated. An experienced personal injury attorney can help gather the necessary evidence, ensure fair allocation of damages, and hold each negligent party accountable for their specific role in the injury.
