In personal injury law, the term “third party” crops up in so many different contexts that it is impossible to provide a single definition. Typically, the plaintiff is the first party, and the defendant is the second party. The identity of the third party depends on the circumstances.
Continue reading this article to learn more about this critical legal concept and the impact it can have on your personal injury case.
What Is Impleader?
An impleader is a procedural move used in court cases. In an impleader, a defendant seeks to compel the participation of a third party. The justification is that it is the third party who is liable for the amount of compensation demanded, not them.
Essentially, the defendant tries to drag the third party into the lawsuit, like it or not. For example, if a car accident is caused by a defective product, such as a faulty brake drum, the defendant driver might seek to implead the manufacturer of the brakes – claiming that a manufacturing defect was the cause of the crash.
What Is Intervention?
In an intervention, the third party actually seeks to join a lawsuit. Typically, the reason is that the outcome of the lawsuit might harm the intervenor’s rights if it is not resolved appropriately.
This can happen in many contexts as well. For example, insurance companies frequently intervene in cases to protect their interests. They might intervene in a personal injury case if there is a dispute over coverage or the meaning of policy language.
Third-Party Defendants in Workplace Accident Scenarios
Most workplace accidents fall within the jurisdiction of workers’ compensation. This makes it easier for you to win your claim because you don’t have to prove fault. However, it also reduces your compensation to only a fraction of what it would be in a successful personal injury lawsuit.
Fortunately, you can file a personal injury lawsuit if you can find a third party (not your employer or co-workers) liable for your injury. If you can prove liability, you will likely qualify for non-economic damages, which could multiply your compensation.
Third-Party Beneficiaries of Liability Insurance Policies
When someone’s misconduct injures you, you might seek compensation from the at-fault party’s liability insurance policy. In this case, you are seeking to become a third-party beneficiary of the insurance contract between the at-fault party and the insurance company.
Vicarious Liability
Suppose a construction worker, acting in the course of their work duties, causes an accident that injures you as you are walking past a construction site.
If your claim is too large for the construction worker to pay, your lawyer will probably want to sue the construction company instead. In this case, the construction company is the third party.
Third-Party Dispute Resolution
Some parties bring in a third party to help them resolve their dispute out of court. This usually means an arbitrator or a mediator.
Do You Need To Hire a Dallas Personal Injury Attorney?
You don’t need a Dallas personal injury attorney to represent you in literally any case that might come up. You probably don’t need one for a fender bender.
In some cases, however, the assistance of an attorney is essential, and they might double or triple your compensation. Further, under the contingency fee arrangement that most personal injury lawyers use, you’ll only pay if you win damages. The attorney with Jay Murray Car Accident and Truck Accident Lawyers in Dallas is ready to help you. Contact us online today or call (214) 855-1420 to set up your free consultation.