A third party can be held liable for a work injury if they are negligent. If you believe you have grounds for a lawsuit against a third party due to an injury at work, seek legal help. A lawyer can help you determine who is liable for your workplace injury and pursue damages on your behalf accordingly.
Our team has been helping plaintiffs in personal injury lawsuits for more than 25 years. Let an Atlanta work injury lawyer from our team evaluate your case. Contact us today to get started.
Third Parties That Can Be Held Liable for Work Injuries
A product manufacturer, property owner, contractor, or other third parties can be held liable for work injuries. To figure out who is liable for your on-the-job injury, work with a lawyer. They can evaluate your case and identify any at-fault parties.
In a third-party lawsuit, you may be ineligible to sue your employer. Alternatively, an Atlanta workers’ compensation lawyer can assist. They can help you submit a workers’ comp claim that could help you get compensation for your medical bills and lost income.
Regardless of who is liable, you are responsible for the burden of proof in your lawsuit. You can use medical records, witness statements, and other evidence to support your argument. If you have an abundance of evidence, you could compel a judge or jury to award maximum damages.
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Proving Third Parties Are Liable for Work Injuries
It is your responsibility to prove negligence in your lawsuit. This requires you to make it clear to a judge or jury that you are not liable for your workplace injury and, instead, a third party is fully responsible.
Here are the elements of negligence you must prove were present at the time you got hurt at work:
- Duty of Care: It was reasonable to expect a party to take precautions that would prevent you and others from getting hurt.
- Breach of Duty of Care: The party did something that put you and others in danger.
- Causation: Due to the party’s actions, you suffered a workplace injury.
- Damages: You face quantifiable and subjective losses relating to your injury.
If you want to help prove third parties are liable for your work injuries, get The Strong Arm on your side. The team at John Foy & Associates will commit time and resources to help you achieve the optimal case results. Contact us for more information.
Damages You Can Get from Third Parties Liable for Workplace Injuries
In your lawsuit, you can ask for economic and non-economic damages. The total damages you recover depend on the severity of your injury and other factors. Reasons why a judge or jury could award damages in your lawsuit include:
- Medical expenses
- Lost income
- Pain and suffering
- Loss of enjoyment
Generally, Georgia’s statute of limitations for holding a third party liable for a work injury is two years. You may have up to two years from the date you get hurt to sue an at-fault party for damages. If you wait more than two years, you could be solely responsible for your injury-related losses.
Tips for Holding Third Parties Liable for Work Injuries
When in doubt about how to deal with a work injury caused by a third party, partner with an attorney.
Together, you and your lawyer can build an argument to show a judge or jury that you deserve compensation for your injury-related losses. Here are tips to help you prepare a compelling argument.
Take Legal Action Right Away
The time frame for filing a lawsuit against a third party is limited. Submit your lawsuit, and you can take the first step to collect damages from a liable party.
Also, you may have the option to file a workers’ compensation claim in conjunction with your lawsuit, which could help you get the money you need to recover financially from your injury.
Prepare a Body of Evidence
Saying you deserve damages is insufficient. On the other hand, if you have plenty of proof, it may help you show a judge or jury that you are in no way liable for your work injury.
Along with this, your evidence may lead the defendant in your lawsuit to propose a fair settlement.
Do Not Speak to an At-Fault Party or Their Insurance Company
If you receive a phone call from a third party or their insurer, tell your lawyer. Ultimately, a third party or their insurance company could attempt to get you to speak on the record about your case.
What you say could be used against you, and, as such, it may be best to allow your lawyer to discuss your case on your behalf.
Be Careful About What You Post on Social Media
Share updates about your work injury and recovery via phone calls, emails, and text messages in lieu of social media. If you publish content on X, Facebook, and other social networks, anyone can access it.
Therefore, a third party or their insurance company could comb your social media accounts and look for content to dispute your damages request.
Be Open to Settlement Negotiations
If you get a settlement offer, examine the proposal with your lawyer. You are not legally obligated to approve a settlement proposal.
However, if you review an offer and believe it is reasonable, you can accept the proposal, get money, and close your case without having to go to trial.
Communicate and Collaborate with Your Lawyer
The legal process can be tricky, and if you act alone, you could make mistakes along the way. If you have legal concerns or questions, share them with your attorney. This will help you make informed decisions as your litigation moves forward.
Let your lawyer guide you through your legal proceedings. Your attorney keeps your best interests front and center at each stage of the legal process. They will do everything they can to help you secure damages that meet your expectations.
Choose The Strong Arm for Help with Your Third-Party Work Injury Lawsuit
John Foy & Associates has recovered over $1 billion in damages for plaintiffs in personal injury cases.
If you want assistance with a work injury lawsuit involving a third party, we are here for you. Request a free case consultation with us.
404-400-4000 or complete a Free Case Evaluation form