In Florida personal injury law, a third party is someone other than you (or your employer) who may be responsible for causing your injuries. These cases are most common in workplace accidents and motor vehicle accidents, but can arise in many other situations as well.
For example, if you were injured while working on a construction site, you might receive workers’ compensation benefits from your employer. However, if a subcontractor’s negligence caused your injury, you might also have a third-party personal injury claim against them.
This type of claim allows you to recover damages that workers’ compensation doesn’t cover, such as pain and suffering. Learning about how third-party liability works can help you identify every possible source of compensation after an accident.
Common Examples of Third-Party Claims in Florida
Third-party claims can arise from many types of accidents.
Some of the most common examples include:
- Car accidents: If you’re involved in a crash while driving during the course of your job duties
- Slip and fall accidents: If a maintenance contractor failed to address a dangerous condition
- Construction accidents: If the property owner (or another party, like a subcontractor, as discussed above) contributed to the cause of your injuries
- Defective products: You may be able to file a claim against any company in the product’s chain of distribution
Each case will ultimately come down to its unique facts and circumstances, but these examples show that more than one person or company can be legally responsible for a single injury.
How Third-Party Claims Differ From Workers’ Compensation
Florida’s workers’ compensation program provides benefits to employees who are injured on the job, regardless of fault. However, those benefits are limited and typically cover only medical expenses and a portion of your lost wages.
A third-party claim is different because it is a civil lawsuit against someone other than your employer or co-worker. This kind of claim allows you to pursue full compensation, including non-economic damages.
Through a third-party lawsuit, you may be able to recover full compensation for:
- Medical expenses
- Rehabilitation costs
- Lost wages and future earning potential
- Pain and suffering
- Emotional distress
- Disability or disfigurement
- Loss of enjoyment of life
In some cases, you may also be able to seek punitive damages if the at-fault party acted with gross negligence or intentional misconduct.
How Do I Prove Liability in a Third-Party Claim?
To win a third-party claim in Florida, you must establish the same elements of negligence required in most personal injury cases.
These include:
- Duty of care: The third party had a legal obligation to act safely or reasonably under the circumstances
- Breach of duty: The third party failed to meet that obligation through careless behavior
- Causation: Their conduct directly caused your injury and was also the proximate cause
- Damages: You suffered actual harm and/or financial losses as a result
For example, if a delivery driver is injured when another motorist runs a red light, the other driver breached their duty of care by violating traffic laws. The delivery driver could potentially file a third-party claim for compensation beyond what workers’ compensation provides.
Florida’s Comparative Negligence Rule
Florida follows a modified comparative negligence statute with a 51% bar to recovery. This means your compensation can be reduced if you are found partly at fault for your injuries, and you can’t be found mostly at fault.
For instance, if you are awarded $400,000 in damages but are found to be 25% responsible for the accident, your recovery would be reduced to $300,000.
If you’re being blamed for your accident and are looking to pursue a third-party claim, it’s especially important to have a lawyer who can protect you from unfair blame and present strong evidence in your favor.
How Long Do I Have to File a Third-Party Lawsuit in Florida?
Florida’s statute of limitations for most personal injury cases is two years from the date of the accident. This deadline also applies to third-party claims. If you fail to file your lawsuit before the two-year mark, you will likely lose your right to recover damages.
Some exceptions may apply, such as cases involving claims against government entities, but these situations are rare. The sooner you speak with a personal injury attorney after your injury, the easier it is to preserve evidence and file your claim on time.
Contact Graves Thomas Injury Law Group for a Free Consultation
Learning about how third-party claims work in Florida can make a major difference in your personal injury case. These claims allow injured people to pursue full compensation from all responsible parties, not just their employer and insurance provider.
Contact Graves Thomas Injury Law Group at (772) 617-8814 for a free consultation with a Port St. Lucie personal injury attorney today to learn more about your legal rights and options. You may be entitled to more compensation than you originally anticipated.
