SC Third Party Liability Accident Attorney
Being injured in an accident can result in severe bodily injury requiring substantial medical treatment. After the accident you may be wondering who you can file a lawsuit against to obtain compensation for your injuries. A Greenville, SC third party liability accident attorney can help you identify all parties who may be responsible for your injuries.
Third Party Liability Laws South Carolina
Third party liability arises when a person suffers a bodily injury due to the negligence or reckless acts of a third party someone other than you. It allows a party not only to sue the negligent party involved in causing their injury, but any applicable third party as well.
Below are some common examples in which third party liability would apply:
John is driving to inspect a nearby construction site on behalf of his employer. While driving to the site, John is rear ended by a drunk truck driver hauling hazardous material. John suffers severe bodily damage as a result of the injury. John can file a workers’ compensation claim against his employer for suffering a workr elated injury, in addition to suing the truck driver and the truck driver’s company subject to third party liability. John can file a third party liability claim and seek non-economic (pain and suffering) and punitive damages.
Betty was asked to make several copies for an upcoming small business event sponsored by her employer. The copy machine had an electric malfunction and electrocuted Betty. Betty suffered severe burns and was immediately rushed to the hospital. Betty can file a workers’ compensation claim against her employer, and a third liability claim against the manufacturer of the copy machine if the copier was a defective product.
In addition to work related injuries, third party claims are commonly filed when a person is injured in a car accident. For example, passengers injured in car accident can file a third party claim against the driver’s car insurance company for payment of medical expenses and pain and suffering related to their injuries arising from the accident.
How to Prove Third Party Negligence
In order for a plaintiff to obtain damages when filing a personal injury lawsuit against a third party, he/she will have to prove the following:
1. The third party owed the plaintiff a duty of care;
2. The third party breached the duty of care;
3. The third party actions or omission was the actual and proximate cause of the plaintiff’s injury; and
4. The plaintiff suffered damages as a result of the above activity.
In certain situations, the plaintiff may be able to raise a strict liability claim against a product manufacturer by proving that there was a defect.
Third Party Liability and Subrogation
In certain situations, your insurance provider may compensate you for medical related expenses in the event another party caused your injury even when another party is at fault. If this occurs, your insurance company may seek subrogation to recover the compensation it has paid out. The insurance company may be able to recover your
Contact A Greenville Third Party Liability Attorney
If you or a loved one has suffered a personal injury due to the actions of a negligent third party, contact a Greenville, South Carolina third party liability attorney for a free consultation. Personal Injury Lawyer Ryan Montgomery will review your case free of charge and advise you as to the compensation you may be eligible to receive for your injuries, lost wages, medical expenses and, if applicable, your pain and suffering.