- Jan 17, 2023

Texas Third Party Claims Lawyer

A third party claim in a personal injury lawsuit is when someone, aside from the defendant or plaintiff in the case, can be held liable for any damages resulting from an injury. These claims are often managed through a legal process involving insurance companies and law firms and involve both civil responsibility as well as potential criminal negligence on behalf of the third party involved. Third party claims are increasingly becoming more common in accident cases in order to ensure that those responsible for a person's injury face proper repercussions. Such claims provide an opportunity for injured persons to receive reasonable compensation even if they weren't involved directly in causing the incident that caused their injuries.

Examples of Third Party Claims

Third party claims in personal injury litigation can take on many forms. In construction accidents, for instance, parties such as property owners, construction companies, and contractors may bear some legal responsibility depending upon the circumstances of the accident. As an example, if the victim works for Exxon, receives worker's compensation, but is damaged by falling scaffold designed by Xhalt, then Xhalt can be help liable in a third party claim. Third party claims often occur on construction sites, chemical plants, offshore drilling platforms, or in premises liability cases, automobile accidents, and product liability claims. In cases involving medical malpractice, a hospital or clinic could be held liable if the injured party was misdiagnosed or inadequately treated by their staff. In any of these situations, the injured party may seek compensation from any other individual or entity whose negligence may have contributed to their harm. Though more complex than traditional liability claims against a single defendant, third-party claims are commonplace in most personal injury litigation and must be thoroughly considered before proceeding with a case.

How To Determine If A Third Party Claim Is Possible

Making a claim against a third party after sustaining an injury can be a lengthy and complex process. Investigating the circumstances, gathering evidence and tracking down relevant records are all essential in order to determine the possibility of such a claim. It is important to assess who was responsible for causing the injury and if there is sufficient proof that their negligence played a part. In addition, it is useful to find out if any applicable insurance policies or similar measures can offer financial protection for losses incurred as part of the incident. Given the determination involved, seeking professional legal advice from an experienced lawyer may often prove beneficial in gaining a successful outcome.

Can I Receive Workers' Compensation Benefits And Still File A Third Party Claim?

Yes. In Texas, individuals are able to receive workers' compensation benefits for their losses and may also be eligible for additional compensation through filing a third-party claim. Third-party claims in this case involve pursuing a claim against someone other than the employer who is responsible for any damages sustained from the incident that led to the employee's losses. Although both options offer financial assistance, they do not have overlapping policies; therefore it is important to seek counsel before making a decision on which path best suits your needs.

Common Injuries In These Personal Injury Lawsuits

Persons who have suffered a personal injury are often faced with serious medical issues, some with which include:

Because of the severity of their injuries, it may take recovery time that interrupts their normal everyday activities and life in general. In many cases, serious injury victims require long hospital stays and ongoing medical care in order to return to an acceptable level of functioning. Furthermore, some of the injured party's expenses might not be covered by insurance, leaving them with mounting financial distress due to lost wages or expensive treatments that must be self-financed. It is clear these individuals require all necessary support for recovering as quickly as possible and reclaiming a normal, healthy lifestyle.

What Types of Damages Can Be Recovered in a Personal in claim in Texas?

In Texas, a personal injury claim allows an injured victim to recover economic and non-economic damages.

Economic damages

Personal injury lawsuits provide an opportunity for plaintiffs to be compensated for any economic damages that result from their injury. Economic damages can include any financial losses directly related to the incident, such as medical bills, out-of-pocket expenses, lost wages due to time off work, property damage costs, and more. Other types may include anticipated future earnings if the injured person’s ability to make money has been affected, costs associated with necessary caregiving or job retraining, and legal fees resulting from the case. In addition, economic damages also cover intangible losses like pain and suffering or emotional distress; while they may be harder to put a price tag on in monetary terms, they are still a valid element of consideration in assessing the compensation the plaintiff is entitled to receive.

Non-Economic Damage

These types of damages are those that are nonphysical such as pain and suffering, emotional distress, loss of consortium, and any other effects that can be attributed to the personal injury. Pain and suffering would include physical pain, mental anguish associated with the injury, impairment of daily activities, depression or anxiety due to medical issues related to the injury, or anything else considered an inconvenience related to the injury. Loss of consortium focuses on impacts felt by close family members, in terms of financial support or quality time spent together. Finally, emotional distress covers any mental anguish caused by the injury including fear or property damage that may have been experienced during the accident itself. Personal Injury lawsuits cover all these damages so people who have suffered physically and mentally can recover what is rightfully owed to them for their hardship..

Will My Employer Retaliate Against Me If I File A Third Party Claim?

If they take legal action against someone outside of their workplace, such as another business or individual, it typically won't affect their position with their employer unless there is specific language in the employment contract prohibiting such actions. However, there is never a guarantee as to how a company will respond to anything any employee does. Ultimately, no matter what steps an employee takes in filing a third party claim, they should always make sure they know and understand their company's policy before doing so to avoid any potential risk of termination.

How To Locate The Best Lawyer For My Claim

If you are looking for the best lawyer to handle your claim, it's important to do some research. Start by looking at the lawyers in your state that have litigated third party claims. Look for awards they may have received, ask about successful cases they have handled, and review any positive testimonials included on their website. Also consider whether they offer a free consultation so that you can get an understanding of how confident they feel about taking on your case. Ultimately, finding the right lawyer depends on making sure that both your personal and legal needs will be met. Doing your research ahead of time allows you to make an informed decision that could help ensure success with your personal injury claim.

The Cost Of Hiring A Third Party Claims Attorney

many attorneys offer finance options to clients, such as a contingency fee model. This type of agreement allows clients to hire an experienced attorney without paying any upfront costs or fees until their case is won and compensation is received. The contingency model greatly reduces financial risk for the client. Additionally, because the lawyer's fees come out of the accountant award or settlement, it gives them more motivation to maximize the amount that can be recovered from a lawsuit in order to ensure they receive the maximum fee possible. Ultimately, by hiring a personal injury attorney on a contingency fee basis, injured persons can obtain legal representation with minimal financial risk while having confidence in their representation’s skills and dedication to obtaining successful results.