A third-party claim for personal injuries and damages is normally filed against a negligent party who caused an accident. Depending upon the facts and circumstances of your accident and personal injuries, a third-party claim may be against an at-fault driver or owner of a motor vehicle, an owner or occupier of a premises, or a product manufacturer or distributor.
If you or someone you love is considering filing a third-party claim for personal injuries arising out of an accident, you should consider retaining the services of a knowledgeable Charleston third-party liability claims lawyer. A qualified attorney could represent all your legal interests during settlement negotiations, as well as in court.
Defining Third-Party Insurance Claims
A third-party insurance claim is one which is made by someone who is not the policyholder or the insurance company. Most third-party claims are liability claims. For example, an injured driver or passenger in a car accident may be able to make a third-party claim against the at-fault driver’s insurance policy. The third-party liability claim may be for damages like medical expenses, lost wages, and pain and suffering.
When a Charleston third-party liability claims lawyer in Charleston files a claim against an at-fault party, the claim goes through the at-fault party’s insurance company and places the insurer on notice of a potential lawsuit.
Once the accident victim completes all medical treatment, including physical therapy, their third-party liability claims attorney could obtain a copy of all related medical records and bills and formulate a settlement demand up to the policy limits of insurance.
Negotiating a Settlement to the Claim
Once the insurance company’s adjuster reviews the settlement demand, the adjuster may make a settlement offer on the case—especially if there are only soft tissue injuries. In most cases, these initial settlement offers are very low and are far less than what the case is actually worth. Settlement negotiations between the attorney and the adjuster generally continue until the parties either settle the case or reach an impasse.
Settlement negotiations can last for a few weeks or for many months, depending on the nature of the injuries sustained and the complexity of the third-party case. If the case does not settle, a Charleston third-party liability claims lawyer may file a lawsuit and litigate the case through the court system on a person’s behalf.
Speak With a Charleston Third Party Liability Claim Attorney
It is important to keep in mind that filing a lawsuit against the at-fault party in the court system does not necessarily mean a third-party case will proceed all the way to trial. Many third-party injury claims resolve via settlement somewhere along the line prior to entering a courtroom.
A Charleston third-party liability claims lawyer could meet with you to review all the facts of your case. If retained, they could also represent your legal interests when filing a third-party claim, negotiate with the insurance company on your behalf, or file a personal injury lawsuit and litigate your case through the court system. Call today for a free consultation.