If you’ve been injured in an accident in Florida, you may already know you can file a personal injury claim against the person or entity that caused your injuries. However, what happens when someone else, beyond the direct at-fault party, also shares responsibility? That’s where third parties come into play.
Learning about what a third party is and how third-party claims work can help you pursue the full compensation you are entitled to under Florida law. We’ll explain the basics here.
What Is a Third Party in a Florida Personal Injury Case?
In a personal injury case, a third party is someone other than the person or company you were directly interacting with, who may still be legally responsible for your damages.
Here’s a simple example: you’re injured in a car accident caused by a negligent delivery driver. The driver is clearly at fault, but the delivery company they work for may also be responsible as a third party because they employed the driver.
Third-party liability can arise in many situations, and pursuing claims against all responsible parties can make a big difference in your case.
When Does Third-Party Liability Apply?
Third-party liability can arise in a variety of Florida personal injury cases. It’s important to identify potential third parties early in the process to ensure that no sources of compensation are missed.
Here are some common examples of situations where third-party liability may exist:
- A driver causes a crash while working for a company (the employer may be liable)
- A bar overserves alcohol to a visibly intoxicated person who later causes a DUI accident (the bar may be liable under Florida’s dram shop law)
- A product malfunctions and causes injury (the manufacturer may be liable)
- A property owner fails to maintain safe conditions, resulting in injury to a visitor (the property owner may be liable)
- A contractor’s negligence on a construction site causes injury to a bystander (the contractor or other entity may be liable)
Third-party claims also often feature prominently in workers’ compensation cases. Although workers’ comp can provide some financial relief, it doesn’t cover non-economic damages like pain and suffering and might not cover all of your losses.
If a third party shares responsibility for your workplace accident, you may be able to file a third-party claim against them for full compensation.
What Damages Can You Recover in a Third-Party Personal Injury Claim?
Whether you are pursuing a direct claim or a third-party claim, Florida law allows you to seek compensation for a variety of losses, also known as damages.
In a successful personal injury case, you may be able to recover both economic and non-economic damages, like:
- Medical bills (past and future)
- Lost income and reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In rare cases that reach trial, punitive damages might be available as well.
Will My Case Go to Trial if I Add a Third-Party Claim?
Most Florida personal injury cases, including those with third-party claims, are settled outside of court. Though it is possible that adding a third party may complicate the case and increase the chances that it will proceed further through the litigation process, a trial is far from a guarantee.
Further, settlement negotiations often continue after a lawsuit is filed and sometimes after the discovery phase begins. Going to trial is generally a last resort when a fair settlement cannot be reached.
How Can a Lawyer Help With a Third-Party Personal Injury Claim?
Identifying and pursuing third-party claims can be complex. Many third parties will fight hard to avoid liability, and insurance companies may attempt to shift blame away from themselves.
An experienced Florida personal injury lawyer can help you by:
- Investigating your case to identify all the potentially liable parties
- Gathering evidence to support your claims
- Documenting your damages thoroughly
- Negotiating with multiple insurance companies
- Handling the legal complexities of pursuing third-party claims
- Preparing your case for court and trial, if necessary
Without a lawyer’s help, it can be easy to overlook potential third-party claims or make critical mistakes in handling them.
Contact an Experienced Clearwater Personal Injury Lawyer for Legal Help
If you’ve been injured in an accident in Florida, don’t overlook the possibility of a third-party claim. Identifying all responsible parties is one of the best ways to protect your legal rights and pursue the full compensation you deserve.
Contact a trusted Clearwater personal injury attorney at Roman Austin Car Accident and Personal Injury Lawyers today at (727) 787-2500 for a free consultation and learn more about how third-party liability may affect your case. Since most injury lawyers work on contingency, you’ll only pay attorney’s fees if they win compensation for you.