Sometimes, an injured victim might need to file multiple third-party insurance claims based on their case facts. This is possible, although you will likely want to work with a lawyer to help you navigate this process. Establishing the percentage of fault shared between parties in these cases can be challenging.
To learn more, contact a Los Angeles personal injury attorney for a free initial case consultation. They will assess your case and determine if you can pursue two third-party insurance claims simultaneously.
What Is a Third-Party Claim?
Third-party claims occur when a victim pursues compensation from an entity that is not one of the main parties directly involved in a situation. For example, filing a claim based on your homeowner’s insurance policy for damage to your house in a storm would be a first-party claim. A third-party claim means you are seeking damages from an insurance policy that is not yours. Generally, it is the liability policy of the negligent party who caused or contributed to your injuries.
Filing a claim based on a traffic accident in California is usually a third-party claim. You ask the insurance carrier who wrote the at-fault driver’s auto liability policy to pay your bills, including for medical care and income losses.
Anytime someone acts carelessly or recklessly and causes injuries, they could face a third-party claim. The cause could include collisions, slip and fall incidents, pool incidents, dog bites, and many other types of accidents and injuries.
When Would Two Third-Party Insurance Claims Be Necessary?
Some cases have more than one liable party. This occurs because more than one person’s negligence led to the incident and your injuries. When this occurs, all negligent parties could face insurance claims or lawsuits. This makes navigating the process more challenging but allows the victim to hold each party accountable and recover compensation from all parties if they win their case.
Identifying all potentially liable parties in these cases is not always easy. Neither is determining the portion of fault each party shares. Hiring a lawyer who knows how personal injury law works in California would be the best resource. They can determine your best options for pursuing damages, including if two third-party insurance claims are necessary.
Personal injury attorneys generally work on contingency. This means you pay nothing up front, and there are no fees until the case closes, and you win. This makes hiring a lawyer to handle your claim or claims possible, regardless of your financial situation. No one should try to handle this process on their own because they think they can’t afford legal representation.
What Damages Are Available in Third-Party Injury Cases?
The damages available in a third-party personal injury case include the expenses and losses victims often experience after accidents and incidents. Injured parties pursue compensation to recover money to pay these costs and ensure steady financial footing despite suffering serious injuries and related expenses.
If you work with an attorney, they can document your recoverable damages. If not, you should collect all your medical bills, related receipts, repair estimates, and other documents. You may also need relevant medical records and expert input about future care needs and costs. This is the evidence your attorney will use to show the harm you suffered—physically, psychologically, and financially.
While each case is different, and there is no way to predict the potential total value of your case whether you file one or multiple claims, common examples of recoverable damages include:
- Current and future medical bills, care costs, and related expenses
- Ongoing care and support for long-term, catastrophic injuries
- Income lost from missing time working
- Diminished ability to work and earn a living if you have lasting impairments
- Property damages, such as repairs to a car after a crash
- Miscellaneous related expenses
- Pain and suffering damages today and in the future
Wrongful death actions are also third-party claims. In these cases, the family members of a victim who died from their injuries seek compensation and accountability from all liable parties. Only the victim’s personal representative—the estate executor—or surviving immediate family members can pursue these cases in California.
It is possible to file wrongful death actions against multiple defendants, too. If you have evidence to show more than one party’s actions contributed to a loved one’s injuries and death, you can hold more than one party responsible.
How Do Third-Party Claims Apply in Workers’ Compensation Cases?
A workers’ compensation claim is not a third-party case. While your employer pays for your workers’ compensation coverage, the policy provides you with benefits if you suffer on-the-job injuries. Generally, all businesses in California with employees must provide this coverage to their workers. A Los Angeles workers’ compensation lawyer can help you with any issues you encounter with this process.
Workers’ compensation provides injured and ill workers with medical care, wage replacement benefits, job displacement and retraining, and death benefits. If you get hurt at work in California, this is your best option for quick compensation. State law does not allow you to sue your employer or co-workers for injuries suffered at work.
However, sometimes a third party is liable for your on-the-job injuries. When this occurs, you can pursue a third-party personal injury claim separately but simultaneously. This works the same way as other personal injury cases, and you can recover a wide range of damages, including for your pain and suffering.
Discuss Your Injury Case With an Attorney for Free
At KJT Law Group, we help injury victims in Los Angeles understand their rights and legal options. We provide complimentary case reviews and answer your questions about your case, this process, and our services. Our team will also explain how you can have two third-party insurance claims if it suits your situation. We can help you pursue fair compensation and hold the at-fault parties accountable.