Should You Combine Related Claims or File Separate Lawsuits?

In most cases, related claims that stem from the same event are filed together in a single lawsuit. There are good reasons to go this route. However, depending on the facts, the parties involved, and the court’s rules, you may need or want to file the cases separately.

When a single event causes several legal problems, it can be confusing to decide whether to bundle everything into a single lawsuit or file each claim separately. Understanding the basics helps you make informed decisions with a knowledgeable attorney. Use the Super Lawyers directory to find an experienced civil litigation attorney who can help explain your options and protect your rights.

What Does It Mean To Have Multiple Claims from the Same Facts?

A single event or set of circumstances can create several separate legal claims. Each claim is considered distinct under the law and allows you to seek a remedy.

The same facts (what happened) can be part of separate legal claims (the legal theories built on specific facts). For example, an employment law situation could involve both unpaid wages and wrongful termination. Or a contractor who performs faulty work could be subject to a breach-of-contract claim and a negligence claim.

Having multiple causes of action in a single lawsuit is normal and does not mean you need several separate court cases.

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Should You File Together or Separately?

For the sake of judicial economy, courts often prefer related claims to be tried together. The court can handle all pretrial proceedings only once. However, in many cases, you will have a choice, and there are several practical factors to consider when deciding whether to file your related claims together or separately.

Consider the following when making your decision:

• Shared facts and evidence. Claims that rely on the same witnesses and documents usually belong together.
• Time and cost. One case can be more affordable than several, but a crowded case can also become complex.
• Different courts or jurisdictions. Some claims may need to be filed in specific courts, which can force separation.
• Strategy. Sometimes a simpler standalone case moves faster.

This decision is typically best made with an experienced civil litigation attorney who can assess your specific situation.

Are You Required To Do One or the Other?

In some situations, you can decide whether to combine claims, but under the court’s rules you may not have the choice.

• Compulsory joinder. Some claims are so closely tied to the same event that the law expects you to raise them together. If you do not bring a claim, you may lose the chance to bring it later.
• Claim preclusion or “res judicata.” After a valid final judgment, claim preclusion can bar a later lawsuit between the same parties, or their privies, arising from the same transaction or occurrence.

For example, if you’re involved in a car accident and only bring claims for property damage, you may be barred from later suing for your injuries from the same crash. To preserve the personal injury claim, identify all related claims early so nothing is accidentally forfeited.

Can You Name Multiple Parties for Different Things in the Same Case?

Yes. A single lawsuit can involve several people or companies, each potentially liable for a different aspect of the problem. The joinder of parties allows for multiple plaintiffs or defendants in a single case when their actions relate to a single situation.

Here are some common examples of cases involving multiple parties:

• After a multi-car accident, you might name several drivers, each partly at fault
• In a construction dispute, you could name the general contractor, a subcontractor, and a supplier, each responsible for a different defect
• Several tenants in the same building might join together against one landlord
• After a defective product has injured you, you could work with a personal injury attorney to sue both the retailer and the manufacturer for your personal injuries

Different parties can face different claims within the same case. During the case, courts can determine who is responsible for what.

Pros and Cons of Combining vs. Separating Claims

Combining Claims

Combining claims comes with several advantages. It can save time and prevent conflicting outcomes across separate cases by presenting the full story to one judge or jury. Combining claims also reduces the risk of losing claims through preclusion.

While there are benefits of combining claims, there are also drawbacks. These can include cases becoming large and complicated, and scheduling and coordination slowing things down. Plus, a weaker claim may distract from stronger ones.

Separating Claims

Separating claims has a different set of advantages. A separate claim can make the cases simpler and more focused. This can lead to a faster resolution for straightforward claims. It also allows flexibility when claims belong in different courts.

On the other hand, separating claims can lead to a higher overall cost and more duplicative litigation. It also carries the risk of inconsistent rulings and the potential loss of claims under joinder or preclusion rules. The best course of action depends on the details of each situation.

Speak with an Attorney

You may face the choice of whether to combine related claims or file separate lawsuits, unless rules like compulsory joinder or claim preclusion place limits on how you may proceed with the claim. It’s not always an easy decision; each carries real advantages and risks.

An attorney can provide a legal consultation and can help you assess your options, anticipate potential risks, and determine the best path forward based on the facts of your situation. Use the Super Lawyers directory to find an experienced civil litigation attorney who can help you choose the approach that best serves your goals.