If you’ve been injured in an accident, you may hear lawyers or insurance companies mention a “third party.” In Florida, this term is important for personal injury cases, especially those based on workplace accidents, because it can open the door to additional compensation.
A third party is any person or entity (other than you and your employer) who may have contributed to your accident. Learning about how third-party claims work can help you make informed choices and protect your legal rights.
Defining a Third Party in Florida Personal Injury Law
In the simplest terms, a third party is someone outside of your immediate relationship who is legally responsible for your injuries.
For example, if you were hurt in a car accident while driving for work and another driver runs a red light, that driver (and their insurer) is a third party. Although workers’ compensation might cover part of your losses, you could also file a lawsuit against the negligent driver for damages workers’ comp doesn’t provide.
The Importance of Third Parties in Florida Injury Claims
Workers’ compensation in Florida is generally a no-fault system, which means you can receive benefits without proving negligence. However, workers’ comp benefits are limited. They usually cover medical care and part of your lost wages, but don’t compensate for pain and suffering or other non-economic damages.
That’s where third-party claims come in. By pursuing a claim against a third party, you may recover additional damages such as:
- Lost wages and future earning capacity
- All current and ongoing medical expenses
- Pain and suffering
- Mental anguish and emotional distress
- Loss of enjoyment of life
This makes third-party claims a critical tool for accident victims seeking complete financial recovery.
Common Examples of Third Parties in Florida
Third-party liability can arise in many personal injury cases. Some of the most frequent examples include:
Car Accidents
The negligent driver who causes your crash is considered a third party. Florida has a no‑fault system via PIP for minor injuries, but for serious injuries, you may pursue a third‑party negligence claim.
Construction Accidents
Job sites often involve multiple contractors. If a subcontractor, property owner, or equipment supplier caused your accident, they may be held accountable as a third party.
Product Liability
If you were hurt by a defective product, the manufacturer or distributor could be liable as a third party. These claims are often based on strict liability as well, making them easier to prove
Premises Liability
If you slipped, tripped, or were otherwise injured on property that isn’t owned or controlled by your employer, the property owner may be considered a third party.
How Third-Party Claims Work in Florida
Unlike workers’ comp claims, which are generally automatic once your injury is proven, a third-party claim requires showing fault. To succeed, you must prove that:
- The third party owed you a duty of care.
- They breached that duty through negligence or misconduct.
- Their actions caused your injuries.
- You suffered damages as a result.
Since these claims require evidence of negligence, they are often more complex than workers’ compensation cases.
Types of Evidence Used in Third-Party Cases
Proving negligence usually requires detailed evidence. Common examples include:
- Accident and police reports
- Eyewitness testimony
- Surveillance footage or photos of the accident scene
- Medical records linking your injuries to the incident
- Expert testimony, such as from doctors or accident reconstruction specialists
Collecting and presenting this evidence effectively is often the difference between winning and losing a third-party claim.
Comparative Fault and Florida Law
Florida follows a modified comparative negligence law with a 51% bar. This means you can recover damages even if you share some blame for the accident, but only if you are found to be 50% or less at fault.
If you are 30% responsible, your damages will be reduced by 30%. You cannot recover compensation if you are more than 50% responsible.
This law makes it essential to have a personal injury attorney on your side who can push back against unfair attempts to blame you for your own injuries.
How a Personal Injury Attorney Can Help With Your Third-Party Claim
Third-party claims can be complicated, especially when they overlap with the state’s workers’ compensation system. An experienced Florida personal injury lawyer can:
- Investigate your accident and injuries internally
- Identify all of the potentially liable parties
- Gather and preserve crucial evidence
- Handle negotiations with insurance companies
- File a lawsuit if necessary to protect your rights
At the end of the day, your lawyer’s primary objective is to maximize the value of your claim.
Contact a Tampa Personal Injury Lawyer to Schedule a Free Consultation
If you’ve been hurt in an accident in Florida, don’t assume workers’ comp or basic insurance is your only option. A third party may also be responsible for your injuries.
Holding all liable parties accountable can provide the full financial relief you need to move forward. Contact an experienced Tampa personal injury attorney today at Mincone Personal Injury Lawyers to get started with a free consultation at (813) 800-0810.
We proudly serve Hillsborough County and its surrounding areas:
Mincone Personal Injury Lawyers
1925 E 6th Ave Ste 10
Tampa, FL 33605
(813) 800-0810
Our firm is located near you. We have an office in Tampa
Find us with our GeoCoordinates: 27.9593512,-82.4369179
About The Author
Attorney Matthew Mincone is the founder of Mincone Personal Injury Lawyers. He earned his law degree while attending night programs in New York and is licensed to practice in Florida. With over 15 years of legal experience, Matthew focuses on personal injury cases, including motor vehicle accidents involving cars, commercial trucks, and motorcycles. His commitment to personally handling each case ensures clients receive dedicated representation. Click here to view some of the remarkable case results that Matthew has successfully achieved.
Location: Tampa, FL
