The term “third party” has many meanings in personal injury law. Most commonly, it refers to a third-party insurance claim in which the injured party files a claim against the at-fault party’s insurance company. Several other uses of this term are also common, some of which appear below.
Common Types of Third-Party Claims
Following are examples of some of the most common third-party claims, although it is not an exhaustive list.
Third-Party Liability Insurance Claims
In a third-party insurance claim, you file your claim with another party’s insurance company. Typically, this is an at-fault party that carries liability insurance. You claim against their liability insurance policy because their insurance covers the victim of an injury arising from an accident that was their fault.
This normally doesn’t happen in the context of car accident claims because Florida is a no-fault jurisdiction, and each party’s insurance covers their own injuries unless it is “serious” (or if a different exception applies).
Even if the injury was serious, there is no third-party claim unless the at-fault party carried auto accident liability insurance. Although it is available for purchase, Florida does not require its drivers to carry auto accident liability insurance.
Workplace Accidents
Workplace accidents can be third-party personal injury claims. If you are claiming against your employer, however, you cannot file a third-party claim—instead, you must file a workers’ compensation claim. Workers compensation pays your medical expenses, but only part of your lost income–up to 80%, with a statutory maximum.
A third-party insurance claim offers both advantages and disadvantages compared to a workers’ compensation claim. On the downside, unlike a workers’ compensation claim, you must prove fault. On the bright side, you can claim 100% of your damages in a third-party workers’ compensation claim, including non-economic damages.
Product Liability Claims
A product liability claim is a claim for an injury caused by a defective product. Under the theory of strict product liability, you can sue any party in the product’s chain of distribution for a manufacturing defect, even if they did not manufacture the product.
This qualifies as a third-party claim against the defendant as long as you’re not suing the party who sold you the product. As an example, a Chinese company might have manufactured a contaminated prescription drug. Rather than sue the manufacturer in China, you sue the US distributor. The US distributor is the third party.
Construction Site Accidents
You can file a claim against a third party on a construction site as long as the defendant is not the owner of the premises. If the defendant is the owner, you can still sue – it’s just not a third-party claim. Possible third-party defendants include contractors, architects, or equipment manufacturers for injuries sustained due to unsafe conditions or practices.
This principle applies not only to construction workers, but also to other parties, such as visitors to the site.
Vicarious Liability Claims
In a vicarious liability claim, you claim against one party for someone else’s misconduct. Here are some examples:
- Employer liability: Under the legal principle of respondeat superior, you can sue the employer of an employee whose misconduct injured you, as long as the employee was acting within the scope of their employment. Keep in mind that you cannot sue an employer over the misconduct of an independent contractor unless the employer was negligent. Most commercial drivers and hospital doctors, for example, are independent contractors.
- Parental liability: Under the right circumstances, you can sue a parent over the wrongful acts of their minor child.
- Vehicle owners: You can sue a vehicle owner over injuries caused by someone the owner gave permission to drive the car.
There are other kinds of vicarious liability claims, but these are likely the most common.
Dog Bites
You can sue a dog owner over a dog bite that causes personal injury. Florida does not apply the ‘one-bite rule’ that often protects dog owners in many other states. Strictly speaking, however, a dog is ot a ‘party’ to a claim or lawsuit.
Comparative Fault in Third-Party Claims
If you were partly at fault, Florida applies a “modified comparative fault with a 50% bar” system. That means:
- If your percentage of fault was under 51%: A court will deduct a percentage of your damages that is equal to your percentage of fault. If your damages were $10,000 and you were 20% at fault, for example, you will lose $2,000.
- If your percentage of fault was 51% or more: You will receive nothing in compensation from the other party.
Parties in settlement negotiations tend to agree to a figure that resembles the amount that they believe a court would award. Keep in mind that this system only applies to claims against a third party and not your own personal injury protection (PIP) coverage. You can use your PIP insurance after a car accident regardless of fault.
Do You Need a Tampa Personal Injury Attorney?
If you have a significant third-party claim, you could probably benefit from the services of a Tampa personal injury lawyer. A personal injury lawyer might be able to multiply the amount you could command if you represented yourself.
Under the contingency fee system, you don’t even have to pay attorney’s fees unless you win money in your case.
Contact us by calling (813) 223-6200 to set up a free consultation with an attorney from Winters & Yonker Personal Injury Lawyers today to learn about your legal options.
