When you’re injured due to another person’s negligence, you may file a claim with that person’s insurance company to recover monetary compensation for your damages. This is known as a third-party claim because you are filing the claim with someone else’s insurer rather than your own. Please continue reading to learn what a third-party claim entails and how our dedicated Jefferson County Personal Injury Lawyers can help you get the justice you deserve.
What’s the difference between first-party and third-party claims?
Following a car accident, filing a claim with your insurance company for damages and losses is considered a first-party claim. The insurance company will examine your policy to determine whether you carry the coverage needed to compensate you for your particular losses. On the other hand, a third-party claim is filed with the at-fault party’s insurance company.
In a third-party claim, the insurer will investigate whether the policyholder was negligent, meaning they were responsible for causing your injuries. If so, the insurance company will negotiate a settlement for your claim. If the insurance company refuses to settle the claim for a fair amount, you can file a lawsuit against the negligent party.
What damages may be available?
If you’ve been seriously injured due to another person’s negligence, you may be entitled to significant compensation for the damages you incurred. The types of damages you can receive include:
- Economic damages: This represents the tangible losses a victim incurred or will incur because of their accident. These damages are easily calculable. Economic damages may include past and future medical expenses, lost wages, household services, and other out-of-pocket expenses.
- Non-economic damages: This represents your subjective losses that are not quantifiable. They may include pain and suffering, emotional distress, loss of society, loss of enjoyment of life, and any other non-monetary losses.
Recovering compensation for a third-party claim requires you to fulfill the burden of proof, meaning you must prove all elements of negligence. This means you must prove:
- The party who caused your injury owed you a duty of care
- The party breached that duty of care
- The breach of this duty was the direct cause of your injury
- You sustained damages as a result of their failure to exercise reasonable care
What should I do if another person caused my injury?
The first step is to seek immediate medical attention for your injuries and report the accident to the appropriate parties. You should gather as much evidence as possible if you’re physically capable. Documentation increases the chances of receiving the maximum compensation you’re entitled to for your injuries. This includes taking pictures and videos of the accident scene, collecting contact information from witnesses, and keeping track of your medical and expense records.
Nevertheless, the most critical step you should take is to enlist the assistance of a qualified Jefferson County personal injury lawyer. At Alabama Personal Injury Lawyers, LLC, we have the experience to handle any personal injury case. We are prepared to help you fight for the just compensation you deserve and need to get back on your feet.
