In personal injury law, third-party insurance claims are common. This is a claim where the injured party files against the at-fault party’s insurance company. At Payer Law Personal Injury Lawyers, we are well-equipped to help clients with third-party claims. Our priority is to help injury victims get the compensation they deserve.
Third-Party Liability Insurance Claims
A third-party insurance claim involves filing a claim with the other party’s insurance. This is typically a claim against someone at fault who carries liability insurance. This form of claim is often associated with accidents. A third-party insurance claim may be brought when the other party’s actions cause harm.
The state of Florida follows a no-fault system for car accidents. This means each driver’s personal injury protection (PIP) insurance will cover some medical costs. The PIP coverage may not provide coverage where the injuries are deemed “serious” by legal standards.
If this happens, an injured party can pursue a claim against the at-fault driver’s liability insurance company. Note that Florida law does not require drivers to carry liability insurance coverage, which means that a third-party insurance claim may not always be an option.
Third-Party Workplace Accidents
Workplace accidents can involve third-party claims. This may be the case when someone other than your employer is at fault. If you are filing a claim against your employer, you must file for workers’ compensation. This coverage will typically cover your medical bills and a portion of lost wages.
A third-party claim allows you to seek compensation for 100% of your damages. This includes non-economic losses like pain and suffering or mental anguish. Unlike workers’ compensation, you must prove fault. However, the potential compensation is more comprehensive.
Product Liability Third-Party Claims
A product liability claim arises when a defective product causes injury. Under Florida law, you can sue any party in the chain of distribution. This chain includes the manufacturers, distributors, and other vendors, even if they did not directly sell you the product. This can become a third-party claim if you are suing a different party than the one who sold you the product.
For instance, if you were injured by a defective product from an overseas manufacturer, you could file a claim against the domestic distributor or retailer. This would be a third-party product liability claim. At Payer Law Personal Injury Lawyers, we can help you navigate these claims to seek compensation from the appropriate third party.
Construction Site Third-Party Claims
Injuries on construction sites often involve claims against third parties. If you were hurt due to negligence by someone other than your employer, you may be able to file a third-party claim. For example, you may bring claims against a contractor or equipment manufacturer. It is essential to identify the liable party correctly.
This type of third-party claim is available to workers, visitors, and passersby. If you were injured on a construction site, consulting with an experienced personal injury lawyer can help you make informed decisions about your next steps.
Vicarious Liability Third-Party Claims
Vicarious liability claims allow you to hold one party accountable for another person’s actions. Common types include:
- Employer Liability: Employers can be held liable for the actions of their employees if the misconduct occurred on the job. For example, the employer may be held responsible if a delivery driver causes an accident.
- Parental Liability: In certain situations, parents can be held accountable for their child’s actions if they cause an injury.
- Vehicle Owners: A vehicle owner may be held liable if they permitted another person to drive and that driver caused an accident.
These cases can be complex. Vicarious liability applies in specific circumstances, but it can significantly increase the potential for compensation in personal injury cases.
Dog Bites
Florida law imposes strict liability on dog owners for injuries caused by their pets. This means you can seek compensation without proving the dog owner acted negligently. Florida’s laws do not follow the “one-bite rule,” which can protect dog owners in some states. If a dog in Orlando injures you, the owner may be liable for your medical expenses and other damages.
Comparative Fault in Third-Party Claims
Florida operates under a “modified comparative fault” standard. Under this rule, you can recover damages as long as you are less than 51% at fault for the accident. This comparative fault rule applies only to third-party claims. It does not apply to claims filed under your PIP coverage after a car accident.
If you have any questions about your third-party claim, reach out to an Orlando personal injury attorney today at (407) 648-1510 to schedule a free consultation.