Making a personal injury claim is a legal action that you can take if you experience personal injury, illness, or property damage through the neglect, carelessness, or intentional misconduct of another party. The law states that an injured person has a right to receive compensation for his or her injury.
A personal injury claim can result from a variety of situations: automobile accident, wrongful death, product defect, and others. “Strict liability” is a term used to describe a case where no negligence or willful misconduct was involved. An injury caused by a product defect is a good example. In strict liability cases, it isn’t necessary for the injured person to show neglect or carelessness, only that a product was defective and the defect was directly related to the injury.
When an injury occurs in a workplace, and it is not caused by the employer or a co-worker, a claim known as a “third-party claim” is filed. For example, a worker may be injured because the machine they were using had a defect. In such cases, in addition to a workers’ compensation claim, there may be liability with the manufacturer of the machine, and you may also be able to obtain a recovery from the negligent manufacturer.
Manufacturers of any product, whether it is a consumer product sold through a retailer, or a piece of equipment used by a manufacturer, or on a construction site, the maker of the product is responsible for ensuring that it is free of defects and safe when used according to directions.
A third-party claim can occur when a worker seeks damages for a work-related illness not caused by their employer or a co-worker. It could be a workplace environmental contaminant caused by the actions or neglect of an outside entity. Such cases can be brought against governmental organizations, private or public companies, or even individuals — anyone who may have contributed to the work-related illness due to neglect or carelessness.
BMCQ attorneys have decades of experience handling personal injury cases, including auto accidents, motorcycle accidents, slips and falls, and many others. We prepare each case with meticulous attention to detail, investigate every aspect of the accused party’s responsibility, and present our client’s case with passion and knowledge of personal injury law. If you or someone you care for has experienced personal injury or damage to personal property caused by carelessness or intentional misconduct, call us today. BMCQ will be on your side.
Third-party liability occurs when an injured worker or someone who has a job-related illness makes a claim against someone other than their employer (the third party) for monetary damages.