Third Party Liability Claims

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. Employers in California with employees must provide workers’ compensation insurance (Lab. Code §3700), covering work injuries in all jobs, not only 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 it does not pay damages for pain and suffering (non-economic damages).

You can 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, a Los Angeles personal injury attorney can help you file a third-party liability claim.

Attorneys can also assist in many other cases, such as medical malpractice. If you are injured as a direct result of medical negligence, you can file a lawsuit in California within one year after the discovery of the injury, or within three years of the date of the injury (CCP §340.5) (whichever of these two occurs first). A medical malpractice lawyer in LA can assist you. 

Apart from third-party liability claims, attorneys can also assist mothers who have sustained birth injuries, or whose infants were injured during birth. Injuries to the mother include a ruptured uterus or damage to the pelvic floor, while those sustained by the children can include bruising, fractures, and others. Los Angeles birth injury lawyers can help you claim compensation.

We can also refer you to information on other types of personal injury cases:

– truck accident attorneys in Los Angeles, 

– brain injury attorneys in Los Angeles,

– slip and fall lawyers in Los Angeles,

– wrongful death attorney in Los Angeles.