Personal Injury?

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Personal Injury2018-09-07T11:00:13+00:00

Personal Injury

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.

What Is Third-Party Liability?

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.

FAQs About Personal Injury

When you get hurt at work or are the victim of an occupational disease, you are usually covered by workers’ compensation, which compensates you for medical costs and some lost wages. However, workers’ compensation does not cover you for longer-term losses of income, for permanent medical conditions, or for ongoing losses of income from the effects of a workplace accident or illness.

In these situations, injured workers or, in the case of wrongful death, their surviving families, may have the right to bring a third-party liability case against the maker of a defective product or against another negligent party. Any awards received in such third-party liability, wrongful death, or product liability cases are over and above the workers’ compensation benefits. You can’t sue your employer if it is a workers’ compensation carrier, but in certain circumstances you can sue a third party for additional damages.

Yes, an injured or sick worker who is receiving workers’ compensation benefits can bring a claim against a third party for pain and suffering, for loss of life or decreased enjoyment of life, for the permanency of the illness, or for injury received at the workplace.

The process is the same for anyone who brings a lawsuit in New York state. To file a lawsuit, a claimant’s representative would go through the normal discovery process. Sometimes the case is settled in this phase, or it may continue on to a trial. The important thing to keep in mind is that an ongoing workers’ compensation claim by the claimant in a third-party case adds a twist to the proceedings, because the workers’ compensation carrier has a certain interest in the case as does the injured party.

When you are bringing a third-party/personal injury case, it is important to be aware of the relationship of the third-party claim to any workers’ compensation claim with which you are involved. These complexities can be handled best by one of our experienced BMCQ attorneys.

If you are receiving workers’ compensation, you should talk to the attorney who is handling your workers’ compensation case. At BMCQ, we review every workers’ compensation file to determine if there is a possible third-party liability action by finding out as much as we can about how our client was injured or became sick. Through that review process, we are able to identify potential third parties and proceed accordingly.

Don’t Go It Alone. Call Today.

  • Auto accident
  • Motorcycle accident
  • Slip and fall
  • Injury at work
  • Defective product
  • Medical malpractice
  • Criminal conduct

Call BMCQ Law at 518.449.3107.

BMCQ Law handles personal injury cases to get you the money you deserve