In Ontario, a Pierringer agreement is a popular legal tool used in personal injury cases. It is often employed in cases involving multiple defendants and seeks to achieve a fair distribution of liability between the defendants.
The term “Pierringer agreement » is named after a 1966 case, Pierringer v. Hoggett, which established the legal precedent for this type of agreement. In essence, a Pierringer agreement is a settlement agreement between the plaintiff and one or more defendants, which releases the settling defendant from all claims and liability in the lawsuit.
Once a Pierringer agreement is reached, the plaintiff can continue with the case against the remaining defendants, who will assume the remaining liability for the plaintiff’s injuries or damages. This allows for a more efficient allocation of responsibility and can save significant time and legal costs in complex litigation.
In Ontario, it is important to note that Pierringer agreements are not mandatory and must be agreed upon by all parties involved. However, they can be a very useful tool when there are multiple defendants involved in a lawsuit. They also provide greater certainty for the settling defendant, who can avoid costly legal fees and the risk of additional liability.
There are several factors to consider when negotiating a Pierringer agreement. One of the most important considerations is the amount of compensation being offered to the plaintiff. The settlement amount must be fair and reasonable to both parties, taking into account the damages suffered by the plaintiff and the liability of the settling defendant.
Other factors to consider include the strength of the evidence against the settling defendant and the potential liability of the remaining defendants. A skilled personal injury lawyer can provide guidance and advice on the negotiation of Pierringer agreements and help ensure that the settlement terms are in the best interests of their client.
In summary, Pierringer agreements are a valuable tool in Ontario personal injury litigation, particularly in cases involving multiple defendants. They allow for a more efficient allocation of responsibility and can save time and costs for all parties involved. However, it is important to seek the advice of experienced legal counsel before entering any settlement agreement.