In most personal injury cases, there are two parties, the plaintiff and the defendant. The plaintiff is the person who was harmed, and the defendant is the person who is accused of causing the harm. The term third party refers to an additional person in the case, who may also be responsible for causing or contributing to the harm.
Third-party claims often arise under Texas workers’ compensation laws, but they can also occur in traditional personal injury cases. Third-party claims can be more complicated than first-party claims, so hiring an experienced personal injury attorney can be helpful.
Third-Party Claims in Workers’ Compensation Cases
In most Texas workers’ compensation cases, the employee either alleges that the employer is directly responsible for causing their harm or that they got hurt while in the scope of their work. The employer pays the employee after a workers’ compensation claim. This payment can be used for medical bills or lost wages.
In some cases, the plaintiff alleges that a third party also contributed to or caused the harm. This means that in addition to the employer, another party is responsible for the damages. In that case, the plaintiff may file a third-party claim against the other individual, which is outside of the workers’ compensation scheme.
An example could be if a mailman were assaulted while delivering mail. They could have a potential workers’ compensation claim because they were hurt on the job, but also a third-party claim against the person who assaulted them.
Third-Party Claims in Personal Injury Cases
A third-party claim in a traditional personal injury case is similar to a third-party claim in a workers’ compensation case. However, the facts are usually different.
In a personal injury case, the plaintiff alleges that multiple people caused the harm. In many cases, each defendant could be held jointly and severally liable. This means that each defendant could be fully responsible for the plaintiff’s damages, as long as they are 51% or more at fault for the accident.
It’s common to have third-party claims in:
- Car accident cases
- Slip and fall and premises liability cases
- Truck accident cases
- Construction accident cases
- Wrongful death cases
There are always pros and cons to including a third party in your personal injury case.
Who Can Be Held at Fault in a Third-Party Claim?
Both the defendant and the third party can be held at fault in a third-party claim. The same laws apply in third-party cases as in other cases. The plaintiff must prove that each party was negligent.
There are four elements in any negligence claim, and the elements are:
- Duty of care: This means the defendant had a legal obligation to act in a reasonably safe manner to avoid harming others. For example, drivers have a duty to follow traffic laws and operate their vehicles safely.
- Breach of duty of care: A breach occurs when the defendant fails to meet their duty of care. This could include careless, reckless, or unlawful behavior, like texting while driving or failing to clean up a spill in a store.
- Causation: The plaintiff must show that the defendant’s breach of duty directly caused their injuries. This usually requires proving both actual cause (the injury wouldn’t have happened otherwise) and proximate cause (the injury was a foreseeable result of the breach).
- Damages: The plaintiff must have suffered actual harm or loss due to the accident. This includes physical injuries, medical expenses, lost income, emotional distress, and other compensable losses.
If the plaintiff can prove a negligence case against the defendant and third party by a preponderance of the evidence, then they will win the case. A preponderance of the evidence is a lower burden of proof than a criminal case. It means that it is more likely than not to be true.
Contributory Fault
In some cases, the plaintiff bears partial responsibility for causing the accident or worsening their injuries. In this situation, contributory fault rules come into play.
In Texas, the rule is modified comparative fault. If the plaintiff is found to be 51% or more responsible for causing the accident, then they cannot recover damages. If they are 50% or less at fault, then they can recover proportionate damages.
The term proportionate damages means that the damages are reduced by your percentage share of responsibility. For example, if you are 40% at fault, you can recover 60% of their damages.
What Damages Can You Recover In A Third-Party Claim?
Plaintiffs pursuing a third-party claim can recover both economic damages and non-economic damages. Economic damages are financial losses that result from an accident or an injury.
Economic damages include:
- Emergency medical bills
- Ongoing medical treatment
- Cost of medicine or assistive devices
- Property damage
- Lost wages
- Lost future earnings
- Lost employment benefits
- Increased transportation costs
- Out-of-pocket expenses
These damages are calculated by looking at receipts, bills, invoices, and projecting costs into the future.
Plaintiffs can also request non-economic damages. Non-economic damages are emotional, non-financial losses. These are often intangible and harder to calculate.
Non-economic damages include:
- Physical pain and suffering
- Emotional anguish
- Loss of enjoyment of life
- Loss of companionship
- Permanent scarring or disfigurement
- Mental illness
- Loss of overall quality of life
You can calculate these damages by using an equation that multiplies your economic damages by a number that represents your suffering. An attorney can help estimate these damages based on their experience with similar cases. Furthermore, a lawyer can explain how the defendant and third parties may be responsible for paying your damages.
Contact Our Dallas Personal Injury Lawyers for a Free Consultation
At Benton Accident & Injury Lawyers, we understand that third-party claims in Texas can be confusing and legally complex. Whether you were injured on the job or by multiple parties in a personal injury accident, we’ll work to identify all responsible parties and fight to get the best possible compensation.
Don’t face insurance companies or legal challenges alone—contact us online our Dallas legal team at (214) 556-8321 for a free consultation and let us help you hold every negligent party accountable.