If you’ve been hurt in an accident in Illinois, you may be able to get compensation from more than one source. Many accident victims know they can file a claim against the person who caused their injuries, but in some cases, another person or company may also share responsibility. This is called third-party liability.
A third-party claim allows you to hold an additional person or business responsible for your injuries, even if they weren’t directly involved in the accident. These claims can potentially make a big difference in how much money you recover, so it’s an option worth looking into.
What Is a Third-Party Claim?
A third-party claim is a lawsuit or insurance claim against someone other than your employer or the person who directly injured you. These claims are particularly common in workplace accidents, but they can also apply to many other situations.
For example:
- A construction worker hurt by a defective power tool can file a third-party claim against the manufacturer.
- A delivery driver injured by another motorist while working can file a workers’ compensation claim and a third-party claim against the at-fault driver.
- A store employee who slips on a wet floor caused by an outside cleaning company might file a third-party claim against that company.
In short, third-party claims help injured people recover more money when someone other than their employer or co-worker shares the blame.
How Third-Party Claims Work in Illinois
Illinois law allows injured people to hold more than one party accountable for an accident. Each party’s share of fault is assigned as a percentage, and that percentage determines how much they must pay.
Illinois also follows a modified comparative negligence law, which means you can recover damages as long as you are less than 51% at fault. However, your compensation may be reduced by your assigned percentage of fault.
For example, if you are awarded $100,000 but are found 10% responsible for the accident, you can still receive $90,000. If you are more than 50% to blame, you cannot recover any damages under state law (Note that this law generally won’t apply to workers’ comp claims, as that is considered a no-fault system.).
What Kinds of Damages Can I Recover in a Third-Party Claim?
Third-party claims usually allow victims to recover more than they could through workers’ compensation alone. While workers’ comp covers medical bills and lost wages, it does not cover pain and suffering.
A third-party claim in Illinois can include compensation for all of your economic and non-economic damages, such as:
- Medical expenses
- Lost wages and reduced earning potential
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Property damage
In rare cases, if the third party’s actions were reckless or intentional, you may also be awarded punitive damages. However, your case must generally go to trial for these damages to be a possibility.
Proving a Third-Party Claim
To win a third-party case, you must typically prove that another person or company acted negligently. This usually requires showing four key legal elements “by a preponderance of the evidence,” which are as follows:
- Duty of care: The other party had a legal duty to act safely.
- Breach of duty: They failed to meet that duty.
- Causation: Their failure caused your injury.
- Damages: You suffered measurable harm as a result.
Evidence is essential in proving these elements. This can include photos, accident reports, witness statements, medical records, and expert testimony. A skilled personal injury attorney will know how to gather and present this evidence effectively on your behalf.
Why It’s Worth Looking Into the Possibility of Filing a Third-Party Claim
Third-party claims can make a major difference in your financial recovery. Workers’ comp can help cover basic expenses, but it doesn’t address the full emotional and physical toll of an accident. A third-party claim can fill that gap, giving you a chance to recover for all your losses.
These claims also promote accountability. When negligent companies, contractors, and property owners are held responsible, it encourages safer workplaces and communities across the State of Illinois.
Contact an Experienced Chicago Personal Injury Lawyer at Powell and Pisman Injury Lawyer for a Free Case Review
If you’ve been injured in an accident, it’s important to find out if you have a third-party claim. You may be entitled to compensation from multiple sources, not just your employer or the person directly involved.
An experienced Chicago personal injury lawyer can investigate the facts of your case and help you work toward a plan of action that results in maximum compensation. Contact Powell and Pisman Injury Lawyers today at (312) 635-5400 to get started with a free consultation.