How Does a Third-Party Lawsuit Work?

February 11, 2022

If you are injured by someone else’s negligence, then you can file a personal injury claim against that person and any relevant insurance policies they might hold. Even though it might sound overly technical, you will be filing a third-party lawsuit against them. A third-party lawsuit means that you are bringing a claim against a party that is wholly separate from you. Oppositely, if you have to file a claim against your own insurance provider, then you are filing a first-party claim or lawsuit.The term “third-party lawsuit” often comes up when discussing workplace injuries and workers’ compensation. Usually, workers’ compensation allows a worker to use a first-party claim to get benefits without conflict or a question of liability. But if the worker has no workers’ compensation coverage or their injury was caused by a third-party, then compensation might only be pursuable through a third-party lawsuit.To make a third-party lawsuit work, a few basic steps will be followed:

Identifying the liable party
Uncovering relevant insurance policies
Calculating the damages owed to the plaintiff
Creating an injury claim
Filing the complaint in pursuit of compensation

If the defending party does not accept liability and does not want to pay a fair settlement to the claimant, then the claim will need to be escalated to a lawsuit. At that point, the lawsuit will be prepared and filed with the correct court, which will eventually set a court date to hear the legal contest. Before the trial, there will be discovery processes that allow both sides to review the evidence and potentially negotiate another settlement.

Assuming no settlement is possible, the third-party lawsuit will continue, and the trial will commence. Arguments will be brought before the court. In some cases, a jury will be used to hear the evidence and reach a verdict, rather than just a judge. By the end of the trial, the case will be decided. If it favors the plaintiff, then the court or jury will also decide a fair amount of compensation to be paid by the defendant, which can later be challenged or reduced based on a state’s damage caps.

Do You Need a Lawyer for a Third-Party Lawsuit?

You do not need to hire an attorney to file a third-party lawsuit, but it is always highly recommended. Lawyers can guide you through all of the legal nuances of lawsuits, courtroom procedures, liability laws, and injury claims. If you let your attorney act on your behalf, then you can use all of their experience, talents, and knowledge as if they were your own. When in doubt at all about your case and financial recovery, you should get a personal injury lawyer on the phone right away.

Client Testimonials

Whit D.

11 hours ago

I was arrested for a DUI in Fayetteville and was nervous about what my future held. I had several friends refer me to Brennen Payne’s office based on their own good experiences and they were absolutely spot on in their recommendation. Brannen was helpful and communicative through the whole process. He brought peace of mind and put me in a place where one bad night was just that, one bad night. I was able to move forward and put it behind me. He made things very easy for me and when I returned to get my record sealed, Brannen was very willing to help and once again helped put my anxiety about the situation to rest. It turned a bad decision into a learning experience and helped save me from a lot of headache and turmoil. He’s built a fantastic team and they work very hard to help the defendant in the best way they possibly can. I undoubtedly had the best experience you can have while moving through a bad experience and that was thanks to Brannen Payne and his team. Since my arrest I have recommended him to anyone I run into that was also working to move past a bad decision like I was.

Byron Nelson I.

1 week ago

Professional & proficient firm. I appreciate the great customer service throughout the process.

Anthony C.

2 months ago

Great experience working with Payne Law Firm. I have high expectations when it comes to service, communication, and professionalism, and they did not let me down. I would definitely recommend.

Phillip M.

2 months ago

Great service keep me updated on my case!

André Marcel Harris, M.

2 months ago

Very helpful! Anna, Jenica

Cameron C

4 months ago

The Payne Law Firm did an amazing job handling my unfortunate accident. They were professional, responsive, and truly had my best interest at heart. They made the whole process easy and got me a great settlement! I highly recommend them to anyone who needs a lawyer that actually fights for you.

david M.

5 months ago

Mr. Payne and his team are the best. Thanks for always keeping me informed and updateed every step of the way!

Briahna H.

5 months ago

Payne Law Firm was the smoothest experience I’ve had with a lawyer yet! They kept me informed every step of the process, were always easy to contact, was always super patient and answered any and all of my questions. Would 10/10 recommend them for all cases, but especially car accident and injury!

Kameron W.

5 months ago

I want to share how grateful I am to the Payne Law Firm and everyone on their team for the great job they did handling my car accident case. From my first call with them, I felt supported and confident that I was in good hands. They were professional, patient, and always took the time to explain each part of the process in a way that was easy to understand. What could have been a very stressful experience felt much more manageable because of their clear communication and genuine concern for my situation. The staff stayed on top of every detail and worked hard to get the best result possible. In the end, I received a settlement that exceeded my expectations and truly helped me move forward without worry. I deeply appreciate everything they did to assist me. If you need help with a personal injury case, I would strongly recommend Payne Law Firm.

Kosala K.

5 months ago

The Payne Law Firm handled my accident with the care, consistency, and consideration I needed throughout the process. I am extremely pleased with the outcome and would highly recommend them to anyone seeking legal representation. Thank you!

Sheri B.

10 months ago

Mr. Payne handled me & my sons cases and was very pleasant. He got me the max from the insurance company for a rear-end collision, and I was satisfied with my sons settlements, after medical bills were negotiated. He is very professional and personable. I appreciate his expertise and currently have him working on another case for me now.

Mynika M.

1 year ago

Mr. Bryant did an amazing job not just for me but my husband as well. Thanks

Kerrie P.

1 year ago

I want to express my gratitude for Mr. Bryant’s exceptional assistance during my recovery process after the unfortunate car accident. He was both efficient and friendly, providing me with timely updates without me needing to follow up. His proactive approach made a difficult situation much easier to navigate. I will definitely keep you in mind for any future needs.

Kisha J.

2 years ago

Awesome work Marquis Bryant…. You are a life saver!!! You went the extra mile to seal the deal with my case. I appreciate you. Thanks again everyone to in helping me win my case. Much love

Jeffrey D.

2 years ago

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Jonathan B.

2 years ago

Very knowledgeable, Anna Maria and Mr. Bryan kept me informed every step of the way and made sure I understood everything from start to finish. Payne law firm went to bat for me and made sure to get me the best for me

Committed to Helping You Get Back on Your Feet

At Payne Law Firm, our team provides serious, dedicated representation you can trust. Our aggressive approach to negotiation and trial has helped us recover favorable compensation awards for our clients, including multiple significant settlements and verdicts. Our goal is to help our clients get back on their feet after serious accidents and injuries by recovering the financial resources they need to heal.