October 12, 2021 | By Greene Broillet & Wheeler
Personal injury cases can involve different defendants and different insurance companies, and can seem quite complicated to nearly anyone who hasn’t filed a claim before. If you have a potential case, it’s important to understand how personal injury lawsuits work and how you can protect your right to compensation.
In this blog, Greene Broillet & Wheeler, LLP breaks down some basics about personal injury law and third-party liability.
Personal injury lawsuits come in all shapes and sizes, but are generally a “first-party” or “third-party” claim (or lawsuit). These terms refer to the person who brings the action (the Plaintiff) and their relationship to the insurance carrier that ultimately pays out a policy’s benefits.
The difference is distinct:
Drivers, businesses, and property owners purchase third-party coverage to protect themselves in the event that they cause injury or loss to other people. Because it is the insurance carrier that typically pays victims any settlement or judgment awarded against its policyholder, the insurer will also handle their defense. This means that when you bring a personal injury claim against someone you claim to be at fault for your injuries, you’ll most likely be dealing with their insurance company or lawyers paid by their insurance company.
As a victim with a potential third-party case, you should know that insurance companies owe a duty of good faith and fair dealing to their insured, but owe no such duty to third parties.
These corporations value profits more than people and they may not treat you fairly in their attempts to dispute liability and pay you as little as possible. An attorney experienced in representing personal injury victims can help you level the playing field.
Having a lawyer review your case will provide the most accurate answer, as it depends on the underlying cause of an accident (which isn’t always clear).
Personal injury claims are intended to make victims whole after they’ve suffered harm and losses. Sometimes, this can be accomplished when injured victims file first-party claims with their own insurance company, provided that those losses are covered under a policy purchased by the victim. For example, you might have a first-party claim if:
It is more often the case, however, that personal injury victims are made whole when they successfully prove that another party is liable for their damages. Some examples of third-party injury cases include:
To be successful in your third-party claim, you’ll need to prove that the defendant is liable for your injuries and related losses. Generally, this means proving negligence and establishing the following elements:
Many personal injury victims bring cases on claims of negligence. However, some cases may plead other theories of liability in addition to or independent of negligence, such as strict products liability, vicarious responsibility (an employer’s liability for employees), or intentional assault / battery.
An attorney can help you better understand the nature of your claim and what you’ll need to prove to secure a financial recovery.
Plaintiffs who prove a defendant’s liability are entitled to a financial recovery of their damages, which are often paid by the defendant’s insurance company in the form of a negotiated settlement or court-ordered judgment.
Damages are different in every case, and it is important to work with attorneys who can help you fully account for all the damages to which you’re entitled – including those you have already suffered and any you may be expected to incur in the future.
Recoverable damages in third-party cases can include:
The term “third-party” claim is commonly used to differentiate between the types of claims an injured worker may bring after being hurt on the job.
That’s because workers are entitled to workers’ compensation, but may bring civil claims outside of the workers’ compensation system when they can prove a third party is the blame.
Greene Broillet & Wheeler, LLP is a national-caliber trial practice voted among U.S. News’ “Best Law Firms” list. Based in Los Angeles, our award-winning attorneys focus on fighting for injured victims and families after devastating accidents. If you have questions about a potential third-party injury case, contact us for a FREE consultation.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, Tim J. Wheeler who has more than 20 years of legal experience as a personal injury attorney.