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What Are The Elements of a Third Party Injury Claim?

Man with broken arm filling out paperwork

Personal injury claims can be complex and overwhelming, especially when dealing with a third party. Understanding the elements that make up a third-party injury claim is essential to ensure a successful outcome.

What is a Third-Party Injury Claim?

Essentially, this type of claim allows an individual to pursue damages against another party, separate from their employer, who may be responsible for a workplace injury. The process of filing a third-party injury claim can be complex, but with the help of a qualified legal professional, it can be easier to navigate. The most important thing to remember is that this type of claim must be filed within a certain time frame, so acting quickly is crucial.

From there, the legal process will involve:

  • Gathering evidence.
  • Negotiating with insurance companies.
  • Potentially going to court if a settlement cannot be reached.

By pursuing a third-party injury claim, you can seek justice and hold those responsible for your injury accountable for their actions.

Elements of a Third-Party Injury Claim

Duty of Care

The first element of a third-party injury claim is establishing that the defendant had a duty of care towards the plaintiff. This means that the defendant had a legal obligation to act in a way that would not cause harm to the plaintiff.

Breach of Duty

The second element is proving that the defendant breached their duty of care. This means that the defendant failed to act in a way that a reasonable person would have acted in a similar situation.


The third element is proving that the defendant's breach of duty caused the plaintiff's injuries. It is not enough to show that the defendant acted negligently. The plaintiff must also prove that their injuries directly resulted from the defendant's actions.


The fourth element is establishing the damages suffered by the plaintiff. This includes both economic and non-economic damages such as medical expenses, lost wages, pain and suffering, and emotional distress.


The final element is proving that the defendant's actions were negligent. This means the defendant failed to exercise reasonable care, harming the plaintiff.

Contact Our Skilled Attorneys at Kalfus & Nachman PC

If you have been injured due to the negligence of a third party, it is crucial to understand these five essential elements to ensure a successful third party injury claim.

At Kalfus & Nachman PC, our experienced personal injury attorneys can help you navigate the complexities of a third-party injury claim and fight for the compensation you deserve. (855) 880-8163

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