Who’s a “Third Party” in a Florida Personal Injury Lawsuit?

In a Florida personal injury case, a “third party” could be someone involved in an accident who didn’t directly cause it. A person can file a “third-party claim” against an at-fault party’s insurance company or another liable party after an accident. (A “first-party claim” is a claim someone files with their own insurer.)

Understanding the term “third party” matters in a Florida personal injury lawsuit because insurance companies sometimes use complex terms to confuse you and make it harder to enforce your rights. The Tampa injury attorneys at Zervos & Calta, PLLC want you to have all the necessary information to protect your rights after an accident. Contact us today for a free consultation to determine if you have a third-party personal injury claim.

What Are Some Types of Third-Party Personal Injury Cases?

If you suffer injuries due to someone else’s careless actions or failure to take proper precautions, you can file a third-party injury claim against their insurance company. That means most personal injury cases – slip-and-falls, dog bites, product liability cases, etc. – are third-party claims. The goal in these cases is to prove someone else caused your injuries and recover fair compensation from them or (most often) their insurance company.

There are also situations where multiple people or organizations may share liability for your injuries. For example, an automaker may share liability for a collision if a car’s brakes, steering system, or other critical components were defective and contributed to a crash. The other driver in the case may have acted negligently, but the automaker’s failure to make sure the car was safe also played a role in the crash. In this example, the automaker would be a “third party.”

Some common personal injury cases that involve third parties include:

• Construction accidents – A subcontractor or equipment manufacturer could be liable for unsafe conditions or defective equipment after someone sustains injuries at a construction site.
• Premises liability – When a property owner hires a contractor who fails to maintain safe conditions, the contractor and property owner could both be liable for injuries visitors sustain on the grounds.
• Workplace accidents – If a worker is injured by a third party, like a delivery driver or vendor, while on the job, that third party may share liability for the worker’s injuries.
• Defective vehicle parts – The automaker or parts manufacturer might be responsible if a vehicle defect, like faulty brakes or airbags, leads to a car accident.

Who May Be the Third Party in a Personal Injury Claim?

Identifying third parties is crucial for maximizing potential compensation in Florida personal injury cases. Some common examples of third parties in personal injury cases include:

• Manufacturers – If a defective product, vehicle part, or piece of equipment leads to an injury, the manufacturer could be liable.
• Property owners – When accidents happen on someone’s property due to unsafe conditions, the owner may be responsible, even if they weren’t directly involved.
• Employers – In some cases, an employer might be held accountable if an employee causes harm while performing their job duties.
• Contractors or subcontractors – If a contractor’s negligence leads to unsafe conditions or defective work, they could be responsible for any resulting injuries.
• Medical providers – In medical malpractice cases, hospitals or other healthcare providers may share liability if they contributed to a patient’s injuries.

How Do You Identify Third Parties?

Identifying third parties in a personal injury case starts with thoroughly investigating how the injury occurred. An experienced attorney will look beyond the immediate circumstances to determine if anyone else contributed to the incident. This investigation might involve reviewing accident reports, consulting expert witnesses, or analyzing product defects.

For example, your lawyer may discover that a car accident happened because of faulty brakes, making the automaker or parts manufacturer a third party. Similarly, if someone sustains an injury at work, an attorney may investigate whether a contractor or equipment manufacturer is responsible for unsafe conditions.

By carefully examining all the facts, knowledgeable attorneys can identify everyone involved in an accident, helping the injured party pursue full compensation.

Who Is Eligible to File a Third-Party Claim in Florida?

Anyone who sustains injuries in an accident may qualify to file a third-party claim in Florida. A personal injury lawyer can analyze what happened to you to identify all the potentially liable parties so you can hold them accountable.

What Are the Steps to File a Third-Party Claim in Florida?

Filing a third-party personal injury claim in Florida involves several important steps. Here’s how the process typically works:

• Report the incident – The first step is to report the incident to any relevant parties, such as your employer, property owner, or law enforcement, depending on the accident and where it happened.
• Seek medical attention – Get medical care right away to treat and document your injuries. These records will be crucial for your claim.
• Gather evidence – Collect proof like photos, witness statements, and any relevant documents that show how the third party contributed to your injuries.
• Consult an attorney – A personal injury attorney can evaluate the details of your case, identify potential third-party defendants, and build a strong claim on your behalf.
• File a claim – Your attorney will file a claim with the third party’s insurance company, outlining the details of your injury and why the third party is liable.
• Negotiate or litigate – If the insurance company doesn’t offer a fair settlement, your attorney may need to negotiate or take the case to court to seek the compensation you deserve.

Are There Any Deadlines for Filing a Personal Injury Lawsuit in Florida?

Most third-party injury personal injury claims in Florida focus on the liable party’s negligent acts. Florida law says the deadline to file a negligence-based lawsuit is usually two years from when you sustained your injuries. You might have more or less time to act in certain circumstances. Contacting a lawyer as soon as possible is the best step you can take to protect your rights.

Contact a Florida Personal Injury Lawyer Today

The Florida personal injury attorneys at Zervos & Calta, PLLC have spent decades helping people like you recover fair compensation after accidents. While you rest and heal, we can investigate the accident to determine all the liable parties and work to hold them responsible. You don’t owe us any fees unless we get money for you. Call us today or complete our contact form for a free consultation.

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About the Author

Lauren Calta
Attorney Lauren Calta is a partner in the Tampa Bay law firm Zervos & Calta, PLLC. For 25 years, Lauren Calta has focused her legal practice on representing people who have been harmed in personal injury, car accidents or lost loved ones due to the negligence of others. A distinguished personal injury trial attorney, she has secured millions of dollars for her clients and is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum in recognition of having obtained a settlement or verdict in excess of $2 million. She also is an official member of Lawyers of Distinction, Tampa Bay Trial Lawyers, Clearwater Bar Association and Florida Justice Association.