Accidents are usually caused by someone's carelessness or failure to act. Often times it is a combination of negligent acts or a failure to act by one or more persons or entities that cause an accident to occur. The law requires that each person owes every other person a duty to act as a reasonably prudent person would act under the same or similar circumstances. When a person or entity does not act reasonably, then they have violated that duty and will be held responsible for any injury or damage that results. This duty is created from statutory laws or prior cases that have evolved over time.
A Third Party claim arises when a worker who is injured while on the job is injured as the result of the negligence of another or from a defective product. It is possible that an injury or accident case can give rise to both a Worker's Compensation claim and a Third Party claim
WHAT COMPENSATION YOU MAY BE ENTITLED TO
Compensatory damages "compensate" the injured person for various kinds of losses or damages.
they include:
- Current medical expenses
- Lost wages
- Anticipated future medical expenses
- Anticipated future loss of wages
- Mental or emotional pain and suffering (past and anticipated in the future)
- Disfigurement
- Any physical or mental impairment or disability.
PUNITIVE DAMAGES
Punitive damages may be recoverable in certain circumstances. Punitive damages exist to punish or make example of the wrongdoer for conduct that is intentional, or when the wrongdoer acts in a reckless manner in disregard for the rights of others.
The determination of the amount of compensation or damages an injured person is entitled to varies from case to case. A detailed analysis of the cause of the accident and of the injuries suffered is required to properly evaluate any Personal Injury claim.
It is important that when a serious and catastrophic injury, such as a burn injury occurs while at work, that an attorney and trained investigators be retained as quickly as possible after the accident or injury so that any potential third parties, other than the employer, can be identified and any evidence be preserved.
