What is third party liability?
Suppose
you’ve been hurt on someone’s property, and the occurred injury was due to
something present on the property, belonging to the owner or one of their
employees. What would you do? If you want to file a lawsuit, how exactly would you do
it and who would you deem liable for your injury?
This
entire process will require an in-depth investigation through any third party lawyers you may hire for this case. Then, the liable party will
have their insurance provider conduct another investigation to confirm. That’s
when you can file your lawsuit. Here is how you can identify the liable party
and hold them accountable for the damage caused to you due to their negligence.
Proving negligence and liability
In order for you to successfully hold a party liable for an
injury that has been caused to you, you must remember four things. These are
the elements on the basis of which it will be decided whether or not they were
actually negligent.
● External influence: The defense could claim that there were
other parties involved, due to which your accident occurred.
● They were legally bound by law to perform a certain task
that they did not, which lead to your accident and injury.
● The liable party was directly the reason for your injury.
It was caused due to something they did.
● You must show that actual loss occurred to you from this
injury.
Know how to structure your case
You must provide actual proof that the other party is, in
fact, liable for the injury caused to you. A strong case could make it so that
the insurance provider sees that the insured was in the wrong, which would mean
that you could avoid the court process entirely. Here is what you need to
remember when gathering evidence at the scene of the injury:
● You must gather photographic evidence at the scene of the
accident.
● Gathering personal information on the other party will not
only strengthen your case, it will also give you leverage to defend yourself in
the case of a trial.
● Any reports filed and written on the incident should be
brought under consideration. This will increase authenticity and act as further
evidence of the occurrence of the accident.
● Getting a video at the scene of the accident could prove to
be quite helpful in the case of a hearing. Since photographic evidence is
easier to manipulate, this medium may be considered better for use as evidence.
● Getting witnesses is always a good idea when filing a law
suit. If there were any witnesses present at the time of the accident, make
sure to get their contact information and call them in court when needed.
The attorney you will hire for your case will be responsible
for taking this process further.