What is a third-party claim?
A third-party claim is when someone involved in an accident is not the only one who can make a claim for damages. In Kansas, a third-party claim can be filed by any person injured as a result of the negligence or recklessness of another person. This includes property damage caused by another’s negligence or recklessness. For example, a driver in Kansas may be found negligent for an accident that caused another person’s injury. If so, the person injured can make a third-party claim against the negligent driver for personal injury damages. Other parties that may be liable in a third-party claim include employers, insurers, and even manufacturers of products that fail to function properly, causing injury. Third-party claimants must prove that they were injured due to the negligence or recklessness of the defendant for the claim to be successful. The areas of law used to address third-party claims in Kansas include negligence, product liability, and premises liability. Third-party claims may be easier to settle than direct claims between the injured party and the allegedly negligent party, since third-party claims allow for more parties to share in the responsibility for damages. Additionally, the court typically evaluates third-party claims in terms of negligence and fault, not liability or damages. This can make it easier for the injured party to receive compensation since the responsibility for damages is not solely on him or her.
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