Third Party Cases
What is a third party case?
If it is established that someone other than your employer was responsible for your injury, you may have a third party lawsuit against the responsible party.
The most common types of third party cases occur on construction job sites. For example: A carpenter trips over debris and falls injuring himself. If another sub-contractor or the general contractor has the responsibility of keeping the job site clean of debris and it is not, then they are legally responsible for causing the carpenter’s injury. They are the third party.
Another example of a third party case is a worker injured while using defective tools or equipment. These types of third party cases are known as “Products Liability” cases. A lawsuit could be filed against the manufacturer of the defective tool or equipment.
The next example of a third party case would be a truck driver who is injured in an automobile accident caused by the negligence of another driver. In this situation, the negligent driver could be held legally responsible in a third party lawsuit.
Although the above explanations of a third party case are simple, third party lawsuits are legally complex and require the assistance of an experienced and knowledgeable personal injury attorney.
How does a third party settlement compare to a workers’ compensation settlement?
Any settlement or judgment awarded in a third party lawsuit can be considerably greater than a workers’ compensation settlement or award. Unlike a workers’ compensation claim, a third party case is a lawsuit filed in the Circuit or Federal courts. A workers’ compensation claim is filed with the Illinois Workers’ Compensation Commission, which is an administrative agency. Workers’ compensation settlements and awards are subject to statutory limitations. Settlements or judgments awarded in a third party lawsuit have no limitations.
In determining the amount of damages to award an injured worker in a third party lawsuit, a judge or jury can take into consideration pain and suffering, future loss of earnings, inability to perform non-work related activities and medical expenses. Additionally, third party cases frequently involve multiple defendants increasing the potential for a larger settlement or judgment.
What should I do if I feel that I may have a third party case?
If you were injured at work and believe that you may have a potential third party case, it is important that you do the following:
If you are contacted by a representative of the third party, DO NOT give any written or recorded statements. These statements can and will be used against you by the insurance company.
Do I need an attorney to handle my third party case?
Absolutely! Third party lawsuits are legally complex. A “laymen” does not have the experience and the knowledge that a third party attorney has who concentrates their practice in this area of the law. Additionally, a third party attorney will have the financial resources to pursue a third party lawsuit, (which can be very expensive) on your behalf.
You should contact an experienced third party attorney immediately after an accident which involves a third party. The attorney can arrange for an investigator to be at the scene of the accident to take pictures and statements from witnesses.
The insurance companies representing the third parties involved in the accident will be represented by experienced attorneys.
How do I find a good third party attorney?
Because of the complex nature of a third party lawsuit, it is important to retain an attorney who has experience and is knowledgeable in all aspects of a third party lawsuit. Consider the following when choosing an attorney to represent you:
It is very important to retain an attorney who is experienced and knowledgeable in handling personal injury cases and specifically third party lawsuits. A successful outcome in a third party lawsuit can only be achieved if you are being represented by an attorney who knows what they are doing.
For more information about Third Party cases, contact our office at 800-437-2571 and speak with one of our experienced Third Party attorneys or use our confidential contact form to ask a question.
If it is established that someone other than your employer was responsible for your injury, you may have a third party lawsuit against the responsible party.
The most common types of third party cases occur on construction job sites. For example: A carpenter trips over debris and falls injuring himself. If another sub-contractor or the general contractor has the responsibility of keeping the job site clean of debris and it is not, then they are legally responsible for causing the carpenter’s injury. They are the third party.
Another example of a third party case is a worker injured while using defective tools or equipment. These types of third party cases are known as “Products Liability” cases. A lawsuit could be filed against the manufacturer of the defective tool or equipment.
The next example of a third party case would be a truck driver who is injured in an automobile accident caused by the negligence of another driver. In this situation, the negligent driver could be held legally responsible in a third party lawsuit.
Although the above explanations of a third party case are simple, third party lawsuits are legally complex and require the assistance of an experienced and knowledgeable personal injury attorney.
How does a third party settlement compare to a workers’ compensation settlement?
Any settlement or judgment awarded in a third party lawsuit can be considerably greater than a workers’ compensation settlement or award. Unlike a workers’ compensation claim, a third party case is a lawsuit filed in the Circuit or Federal courts. A workers’ compensation claim is filed with the Illinois Workers’ Compensation Commission, which is an administrative agency. Workers’ compensation settlements and awards are subject to statutory limitations. Settlements or judgments awarded in a third party lawsuit have no limitations.
In determining the amount of damages to award an injured worker in a third party lawsuit, a judge or jury can take into consideration pain and suffering, future loss of earnings, inability to perform non-work related activities and medical expenses. Additionally, third party cases frequently involve multiple defendants increasing the potential for a larger settlement or judgment.
What should I do if I feel that I may have a third party case?
If you were injured at work and believe that you may have a potential third party case, it is important that you do the following:
- Seek immediate medical treatment. Provide your doctor with a complete and accurate description of the accident.
- If possible, secure potential evidence such as ladders, equipment, tools, etc.
- Take pictures of the accident scene or possible hazardous conditions that caused the injury.
If you are contacted by a representative of the third party, DO NOT give any written or recorded statements. These statements can and will be used against you by the insurance company.
Do I need an attorney to handle my third party case?
Absolutely! Third party lawsuits are legally complex. A “laymen” does not have the experience and the knowledge that a third party attorney has who concentrates their practice in this area of the law. Additionally, a third party attorney will have the financial resources to pursue a third party lawsuit, (which can be very expensive) on your behalf.
You should contact an experienced third party attorney immediately after an accident which involves a third party. The attorney can arrange for an investigator to be at the scene of the accident to take pictures and statements from witnesses.
The insurance companies representing the third parties involved in the accident will be represented by experienced attorneys.
How do I find a good third party attorney?
Because of the complex nature of a third party lawsuit, it is important to retain an attorney who has experience and is knowledgeable in all aspects of a third party lawsuit. Consider the following when choosing an attorney to represent you:
- Does the attorney concentrate their practice in personal injury and third party cases? Ask the attorney if he handles personal injury cases exclusively. Ask the attorney how many years they have been practicing law, approximately how many third party cases they have handled and how may cases were tried before a jury.
- Does the attorney want to meet with you in person to conduct a thorough interview? A competent attorney will want to go through every detail of the accident in order to properly evaluate your potential lawsuit.
- Is the attorney rushing through the interview? A good attorney will take their time to explain the details of a third party lawsuit and answer any questions you may have.
It is very important to retain an attorney who is experienced and knowledgeable in handling personal injury cases and specifically third party lawsuits. A successful outcome in a third party lawsuit can only be achieved if you are being represented by an attorney who knows what they are doing.
For more information about Third Party cases, contact our office at 800-437-2571 and speak with one of our experienced Third Party attorneys or use our confidential contact form to ask a question.