Accidents are usually caused by someone’s carelessness or failure to act. Oftentimes, the combination of negligent acts, or a failure to act by one or more persons or entities, causes an accident to occur. The law requires every person acts as a reasonably prudent person would act under the same or similar circumstances. When a person or entity does not act reasonably, they then have violated that duty and will be held responsible for any injury or damage that results. This duty is created from statutory laws or prior cases that have evolved over time.
A third party claim arises when a worker is injured while on the job as a result of the negligence of another or from a defective product. It is possible that an injury or accident case can give rise to both a worker’s compensation claim and a third party claim.
What Compensation You May Be Entitled To
Compensatory damages “compensate” the injured person for various kinds of losses or damages, including:
Current medical expenses
Anticipated future medical expenses
Anticipated future loss of wages
Mental or emotional pain and suffering (past and anticipated in the future)
Any physical or mental impairment or disability.
Punitive damages may be recoverable in certain circumstances. Punitive damages exist to punish or make example of the wrongdoer for conduct that is intentional or when the wrongdoer acts in a reckless manner that disregards the rights of others.
The amount of compensation or damages an injured person is entitled to varies from case to case. To properly evaluate any personal injury claim, a detailed analysis of the cause of the accident and injuries suffered is required.
It is important that when a serious and catastrophic injury occurs while at work, trained investigators and an attorney should be retained as quickly as possible after the accident or injury. This way, any potential third parties other than the employer can be identified and any evidence can be preserved.