• Personal injury claim form on blue clipboard beside judges gavel on desk

How Long Does a Third Party Lawsuit Take?

Some personal injury claims are really simple. It’s obvious who the defendant is and who you should sue.

However, in other cases – such as workplace accidents – you might need to sue another party. This means making a third party claim. Here’s how third party claims work and how long they take to resolve.

What Is a Third Party Lawsuit?

A third party lawsuit is when you sue someone other than the “principal” defendant. For example, if you’re hurt at work, you might think you can sue your employer. However, this is not always possible – and they’re also not always the one at “fault”.

Third party lawsuits often arise from workers’ compensation claims.

Workers’ comp laws can prevent you from suing your employer for personal injuries. However, you might be able to sue a third party. For example, say you’re hurt by a defective crane on a construction site. You might be able to sue the crane manufacturer for your injuries.

Although these lawsuits often stem from workplace accidents, third party lawsuits can arise from other types of personal injury.

How Do Third Party Lawsuits Work?

Third party lawsuits work just like other personal injury lawsuits. Here is a breakdown of the main steps involved after you call an attorney.

Gather Evidence

First, you need to build your case. You need to be able to show that:

  • Someone (the defendant) owed you a duty of care.
  • The defendant breached this duty e.g. they were negligent or careless.
  • You were injured and suffered loss e.g. medical bills, lost income.
  • The defendant(s) caused your injuries due to their careless actions.

Evidence includes:

  • Accident reports
  • Employment records
  • Medical records
  • Photographs
  • Proof of lost wages
  • Receipts for other connected losses

Identify Third Party Defendants

Your attorney can help you identify who might be a third-party defendant in your case, such as:

An experienced attorney will identify anyone who may be responsible to ensure you get a fair shot at compensation.

Green textbook with personal injury law inscribed in gold writing with stethoscope, law textbook, gavel, and pen in background

File a Lawsuit

Once you’ve identified the right defendants (including third parties) you can file a lawsuit against them. This triggers the claims process and negotiations can begin.

Settle or Go to Trial

If the defendant admits liability, they could make a settlement offer. If it’s a fair offer, your attorney might advise you to accept it so the case settles outside of court. However, if it’s unfair, and negotiations aren’t successful, the case could go to trial.

Your Houston accident lawyer can explain the claims process as it relates to your injury case.

How Long Does a Third Party Lawsuit Take?

As with any negligence case, it depends on the individual claim.

  • More simple third party lawsuits can take up to six months to settle.
  • It’s not uncommon for some third party lawsuits to take a year or more to resolve.
  • If a case goes to trial, it could take even longer – around two years.

There are a few factors which can mean a lawsuit takes longer to settle.

  • Multiple defendants: The more defendants there are, the longer it takes to complete negotiations and settle the claim.
  • Serious injuries: Complex injuries include nerve damage, paralysis, and disfigurement. These claims are harder to value and can take longer to settle.
  • High value damages: If you’re claiming for high value damages, it can take a while to agree to a settlement.

How Long Does a Lawsuit Settlement Take?

The goal of any personal injury lawsuit is to agree to a settlement, or win at trial. But if you’re successful, how long can you expect to wait to receive your check? The answer depends on a few factors, including how many parties are involved.

On average, it can take anything from a few weeks to a few months to get your check.

Third Party Lawsuit Settlement Amounts

How much is your claim worth? Unfortunately there’s no clear answer to this question. Settlement amounts vary considerably. It all depends on, for example:

  • The severity of your injuries
  • How long it will take you to recover (if complete recovery is possible)
  • The overall value of your losses
  • Whether punitive damages are payable

Your Houston personal injury lawyer can advise how much your claim might be worth based on the facts.

Hire a Personal Injury Lawyer in Houston, Texas

If you have a case involving multiple defendants, you need an experienced attorney to help. The Alexander Law Firm is standing by, waiting to help you claim the compensation you deserve. Contact us now by calling (800) 350-5110 or complete our contact form.

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