To understand what third party claims are, it is important to understand what qualifies as a “third party.” It is terminology that is likely to be unfamiliar. Here’s a brief explanation of third party claims.
Third parties can be an individual or business. In a legal matter, third parties are those involved in the case besides the two primary parties. If you slipped and fell at a grocery store, you and the store would likely be the primary parties. If your injuries were caused by defective equipment not owned by the store, such as a water bottle filling machine, a third party might also be involved in the case.
Cases When a Third Party Claim Must Be Filed
If you were injured on the job, your workers’ compensation settlement would not pay for all the related claims. For example, your medical bills and lost wages might not be included so you may need file for compensation from a third party. The third party could be the employer of the guy who hurt you at a construction site. The third party could also be the owner of the facility where you were working.
A valid third party claim may compensate you for:
- Medical bills and costs of medical care in the future
- Lost wages and earning potential
- Loss of enjoyment and life
- Pain and suffering
- Mental anguish
- Pay you for property damage, for example if your car was totaled
Overall, workers’ compensation benefits are limited. To cover the remaining expenses as well as getting compensation for future related loss, a claim against a third party will aid in your recovery. Third party claims may cover pain and suffering and the loss of future earnings.
Evaluating Third Party Liability
The key to a third party claim is to prove they were at fault. You will need to have evidence that shows your injury was caused by the third party. You also need to show that the third party violated a duty of care owed to you.
Negligence, manufacturing defects, and reckless behavior are types of duty of care violations that may make the third party liable for the injury. Violating their duty of care to you or the injured party makes them liable for what happened. In violations of duty of care, there must be proof of the direct cause of your injury.
Third Party Claims can be Complex, Contact a Lawyer Today
These issues are complex, and seeking advice from an experienced third party liability attorney is an important first step to getting the compensation that you deserve. Call Mynor E. Rodriguez today for a free consultation.