Defining Third-Party Liability in Charleston

If you sustained injuries in an accident that was the result of someone else’s negligence, a Charleston third-party liability lawyer could take the necessary legal action to help you recover the monetary compensation you need and deserve. A dedicated injury attorney could offer you their assistance by clearly defining third-party liability in Charleston and guiding you through the necessary steps toward damage recovery. Read on to learn more about defining third-party liability in Charleston, as well as the ways a skilled lawyer could make a difference in your case today.

Third-Party Liability Explained

A third-party claim is a claim for monetary injury compensation someone typically files against the at-fault party or parties. The liable party’s insurer generally provides the insurance coverage. For example, in a Charleston motor vehicle accident case, someone may file a third-party claim against the driver and/or owner of the at-fault motor vehicle.

In a slip-and-fall case, an individual may file a third-party claim against the owner or occupier of the premises where the slip-and-fall accident occurred. In a defective products case, they can file a third-party claim against the manufacturer or distributor of the defective product.

First-Party Claims

Third-party claims differ from first-party claims. Most of the time, when someone makes a first-party claim, the injured plaintiff is taking legal action against their own insurance company, based on an uninsured or underinsured theory—where there is not enough coverage, or no coverage—available through the third-party claim.

How do Third-Party Liability Claims Work?

Third-party liability claims can arise following car or truck accidents, boating accidents, slip and fall accidents, and accidents due to defective products. The basic steps in a third-party case involve filing a claim, attempting to negotiate a favorable settlement offer with the at-fault party’s insurance company, filing a lawsuit on behalf of the injured plaintiff, and litigating the case through the court system. For someone to recover monetary compensation in a third-party case, they must be able to meet their burden of proof. Specifically, they must be able to show that the at-fault party failed to act reasonably and that this violation was the direct cause of their injuries and damages. Finally, they must be able to show that the accident was at least one cause of any injuries and damages suffered.

Recoverable Damages

Damages that could be recovered in third-party injury cases may include compensation for:

    • Medical bills
    • Lost wages
    • Pain and suffering
    • Emotional distress
    • Lost earning capacity
    • Permanent damages or disabilities
    • Causally related psychological or psychiatric treatment
    • Loss of spousal companionship or support

Know that a professional liability claims attorney can help those who have experienced these circumstances through aggressive representation in court.

How a Charleston Third-Party Liability Injury Lawyer Can Help

If you have sustained injuries because of another person’s carelessness or negligence, a Charleston personal injury attorney may be able to file a third-party claim on your behalf. After defining third-party liability in Charleston for you, a qualified lawyer from Howell and Christmas could discuss all the facts and circumstances of your case with you and attempt to reach a favorable resolution of your third-party claim via settlement.

If a favorable settlement offer on your case is not forthcoming, a Charleston third-party liability claim lawyer could file a lawsuit on your behalf and litigate your claim through the court system. If you need assistance with defining third-party liability in Charleston and wish to bring your claim, reach out to a dependable attorney today for your initial consultation.

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