You are cruising on the highway when a concrete block from a dump truck crashes through your windscreen and hits you, resulting in injuries.
Under Alaska’s personal injury law, you have a right to compensation from the negligent party, which can be the truck driver, their employer, or the packers. However, recovering compensation from the at-fault party entails filing a third-party personal injury claim.
This guide delves into the murky waters of third-party personal injury claims and what you need to know before filling one.
What Is a First-Party Claim?
First-party liability is your starting line in the race for compensation after an injury. It involves your own insurance coverage, be it auto, home, or health. Starting with what you control, your own policy. This ensures you utilize all available benefits before knocking on other doors.
For instance, if you slip and fall in your kitchen and injure yourself, a first-party claim would involve contacting your health insurer to cover medical expenses. This initial step is vital because it immediately addresses your needs without the complexity of determining who else might be responsible.
What Is a Third-Party Claim?
Once you have checked off your immediate needs with your insurance in a first-party claim, or if you do not have any and another party is responsible for your injuries, it is time to look outward.
A classic example of a third-party liability is when you are involved in a car crash where another driver runs a red light and hits you. Here, the other driver would be held liable for damages or injuries caused by their failure to obey the traffic laws.
Deciding Whether to File a First or Third-Party Claim in an Accident
So, think of it this way: if you’ve got personal insurance, tapping into that first is like using the tools in your backyard—it just makes sense.
Say the injury was not your fault, and someone else’s carelessness is clear. In that case, aiming for a third-party claim may fully mend you financially because it tackles the root cause.
Sure, these claims can throw you into some tough talks. That’s exactly why having a lawyer map out your strategy isn’t just helpful; it’s essential.
Is a Lawyer Required for a Third-Party Claim in Alaska?
While it’s not required, bringing along an attorney could be a game-changer. Navigating the legal maze of Alaskan personal injury law is no joke—the terrain is often slick and stuffed with intricacies can be maneuvered by a lawyer.
You do not want to navigate legal disputes without a map because it can leave you wandering in circles. “Having a savvy lawyer by your side is like having the ultimate GPS for this journey—they don’t just help fight off the brambles; they also keep you on the clear path towards where you need to go,” says Alaska personal injury lawyer Daniel Libbey.
Recoverable Damages in an Alaska Third-Party Claim
When you file a third-party claim in Alaska, you open the door to a range of damages that might not be accessible through a first-party claim. These include compensation for pain and suffering, loss of enjoyment of life, and emotional distress.
Imagine you were hit by a distracted driver while crossing the street. While your health insurance might cover the hospital bills, it does not compensate for the months you spent recovering away from your favorite hobbies or the ongoing anxiety.
Also Read: How to Establish Liability and Prove Fault In Personal Injury Claims
