Third party claims can be challenging to identify, especially when you are not used to handling insurance claims and related matters. First, you will need to get a better understanding of what a “third party” actually is in order to have better insight on what a third party claim is and when it is necessary.
A third party can be considered any individual, company, manufacturer, or entity that is connected to a case in addition to the two primary parties. For example, say you were injured due to an accident at work. Your employer would be considered the other primary party involved. If your injuries were caused by defective equipment, the manufacturer may be considered a third party tied to your case.
When a Third Party Claim Is Necessary
There are many situations where a third party claim can benefit an injured party. In most instances, a person may need to bring a third party against an additional entity or person involved if their initial claim doesn’t cover all the damages they suffered and compensation they are legally entitled to. Going back to our previous example, if you were injured on the job and filed a workers’ compensation claim, you would only get certain damages covered. These include lost wages, medical expenses disability benefits, and other limited benefits.
If you pursued a valid third party claim, however, you could also recover:
- Future medical, physical therapy, and health-related expenses
- Past and future loss of earning and loss of earning potential
- Loss of enjoyment and life
- Mental, physical, and emotional pain and suffering
- Compensation for any property damage (vehicle accidents) that occurred
- All other appropriate damages for the specific case
In comparison, you have a much broader range of compensation to recover in a third party claim than you do in a workers’ compensation claim. While your basic workers’ comp claim may be able to cover your medical bills and wages missed while in the hospital, a third party injury claim can help you secure the compensation you need to cover intangible costs, like loss of enjoyment of life or emotional suffering.
How Do I Know if a Third Party Is Liable?
Proving third party liability is one of the most important aspects of this type of claim. You will need to be able to demonstrate that the third party involved in your case contributed to your accident and injuries in order to recover the fair compensation you are owed from them.
Third party liability may apply when an entity violates their duty of care to another individual. This may take place in the form of negligence or reckless behavior. Design or manufacturing defects, drunk drivers (in work-related car accidents), and other incidents may all lead to third party claims.
Keep in mind, a third party must owe you a duty of care, breach that duty through negligent or reckless actions, and cause you specific damages in order for you to bring a third party claim against them. Have more questions about third party claims? Reach out to Arnold & Itkin today to discuss your situation.