Third Party Liability ClaimsUpdated on Thursday 20th April 2017
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Third party liability claims can be invoked in personal injury cases when the injured party was harmed by a third party either through negligence, omission or reckless actions. These types of claims are more common in worker’s injuries or in product liability cases.
A Los Angeles personal injury attorney can help you submit this type of claim and recover damages for negligent actions in addition to other benefits you might be entitled to, like worker’s compensation.
Third party claims for worker’s injuries
Workers injured during the work hours can be entitled to make two separate claims, depending on the circumstances in which they were injured and whether or not they have a worker’s compensation plan. Usually, employers in California must provide this type of insurance plan to their workers specifically for those accidents that can occur in jobs that have a higher risk of injuries like electrical work or others.
Because work injuries can also be caused by the actions of another party, the injured individual is entitled to compensations both from the worker’s compensation plan and from a personal injury claim against a third person. In order for the latter to be valid, the accident must have been caused by another party (individual or company) separate from the employer. Examples include:
- equipment, tools or materials that were dangerous or improperly manufactured;
- breach of warranty for products;
- driver accidents who injure a worker while he is on the job;
- premises liability cases if a worker is injured because another party (for example a cleaning company) did not observe the requirements for maintaining the hazard-free zones.
Sometimes more than one other individual or company can be involved in a worker’s accident. If this is the case, liability can overlap in a particular situation. Making third-party liability claims may require more consideration and a good understanding of the events that led to the accident and its actual causes.
A personal injury attorney in Los Angeles can help you make a third-party claim against another individual who was found guilty of wrongful acts, omissions or negligence. A lawyer will be able to help you gather evidence and collect compensations.
Injured workers should know that the worker’s compensation plan does not cover all of the types of damages that can be obtained. For example, it does not include punitive damages and in most cases, it will not include the costs associated with non-emotional damages.
Our Los Angeles personal injury attorneys invite you to watch the following video about making a third party liability claim:
Third party product liability
Product liability cases can also involve third party negligence. Manufacturing or design defects that lead to a bodily injury can be attributed to the producing company and the injured individual is entitled to obtain compensations for medical expenses, lost income and others.
Third party liability claims for products can also be valid if the injury was caused by unclear instructions or guidance on properly using the product.
In most cases, third-party liability claims cannot be used against for co-workers or supervisors. They are used in those situations where a distinct third entity or individual may have had something to do with the cause of the accident.
You should remember that the state of California imposes a statute of limitations on all of the personal injury claims. If you were harmed by another individual, one of our Los Angeles personal injury attorneys can help you file a third-party liability claim.