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Third Party Personal Injury Cases

If the accident occurred on a stairway, in the hallways, or in an elevator of a building in which the employer-insured occupies space, the investigator must learn if the building is owned by the insured and if he is responsible for its care and repair. If he is not, the name and address of the building owner and his insurance carrier must be ascertained.

The circumstances in some third party cases as such, that the employer of the injured claimant may be impleaded as a party defendant to the negligence action brought by the injured claimant. In the event this happens, of the personal injury law safeguards the employer from momentary harm for liability which may be imposed upon the employer by law.

However, the compensation policy carriers no limit insofar as monetary liability is concerned where it can be contended that the employer himself was primarily responsible for the injury to his employee. Thus, when the investigator recognizes the possibility of an employer being impleaded, because of a contributory or negligent act, he must immediately bring the matter to the attention of his supervisor.

The Attorney’s Role

The attorney can play an important role in the exposure of a personal injury by recording his own observations of the behavior of the defendant. He can pinpoint the contradictions where there is a claim of inability to perform certain acts. He can establish the presence of the contradictions and duplicity by obtaining statements from witnesses, co-workers, and even friends of the claimant. The attorney can advice his client if he believes the opportunity exists for taking motion pictures which can destroy the claim through evidence of deceit.

The combination of effort by physician and lawyer, supported by the sort of proof that cannot be challenged, will go a long way in placing a defendant under the searchlight of truth and in convincing the jury that such a claim is worthy and deserved. Seek out legal consult in these cases so it would be easier for you to work the case out.

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