compensation lawyers handle third-party liability claims by following a specific process to ensure that their clients receive the compensation they deserve. Here is a detailed explanation of how they handle such claims
Table of Contents
Investigation
The lawyer will thoroughly investigate the circumstances surrounding the workplace accident to determine if there is a viable third-party liability claim. They will gather evidence, interview witnesses, review medical records, and consult with experts if necessary.
Identifying third parties
The lawyer will identify any individuals or entities, other than the employer, who may be responsible for the accident and resulting injuries. This could include contractors, subcontractors, equipment manufacturers, property owners, or other negligent parties.
Evaluating liability
The lawyer will assess the liability of the identified third parties by examining their actions or negligence that contributed to the accident. They will determine if the third party breached their duty of care, leading to the injuries suffered by the worker.
Gathering evidence
The lawyer will collect evidence to support the third-party liability claim. This may include photographs, videos, accident reports, safety records, maintenance logs, and any other relevant documentation that demonstrates the negligence or liability of the third party.
Negotiation
The lawyer will engage in negotiations with the third party’s insurance company or legal representatives to seek a fair settlement for their client. They will present the evidence gathered and argue for the maximum compensation possible, considering medical expenses, lost wages, pain and suffering, and other damages.
Litigation
If a fair settlement cannot be reached through negotiations, the lawyer will file a lawsuit on behalf of their client. They will represent the injured worker in court, presenting the evidence and arguing for compensation. Throughout the litigation process, the lawyer will handle all legal aspects, including discovery, depositions, motions, and trial preparation.
Settlement or trial
Depending on the circumstances, the lawyer may reach a settlement agreement with the third party’s insurance company before going to trial. If a settlement cannot be reached, the lawyer will present the case in court, advocating for their client’s rights and seeking a favorable verdict.
Compensation recovery
Once a settlement or verdict is obtained, the lawyer will assist their client in recovering the compensation awarded. They will ensure that all medical bills, lost wages, and other damages are properly accounted for and paid.