Discusses Third Party Litigation in Organized Labor’s Ask The Expert Column

Question:

I was seriously injured on the job and need to find a lawyer to represent me in a personal injury lawsuit because workers’ compensation won’t be enough. How do I find the right personal injury attorney for me?

Answer:

You are correct that you may be able to bring a personal injury lawsuit against someone else other than your employer (known as a “third party”) who has legal responsibility for your injuries. For example, you may be able to sue the driver who hit you, the manufacturer of the machine that injured you, or another contractor on the construction site. The viability of a third party lawsuit and the potential recoverable damages will depend on your particular set of circumstances. Litigating third party cases is usually very different and more complex than the more common auto accident or slip and fall case. It is therefore essential that you find a personal injury attorney who regularly handles third party cases and is experienced representing workers who have suffered serious injuries through litigation and trial.

When interviewing potential attorneys, some questions you should consider asking include:

• Do you have trial experience? How often do you go to trial?
• How often do you represent injured workers in personal injury cases?
• How long have you been handling third party lawsuits?
• What kind of experience do you have handling cases like mine? (e.g. construction site injury, defective equipment)
• What are your fees? How are litigation costs paid?
• Who will handle my case?
• Does your law firm have the financial and staffing resources to take on my case?
• What should I expect from my case?

While an attorney’s relevant experience, skills, and knowledge are important, you also want to be sure that the attorney you hire is someone you feel you can trust and someone who will provide the level of support, communication, and compassion you need.

is a trial attorney at The Veen Firm in San Francisco. Ms. Wong represents families who have suffered serious or fatal injuries that have a life-changing and career-altering impact. She is experienced in litigating cases involving industrial injuries, dangerous premises, auto accidents, and defective products. Ms. Wong has had multiple settlements featured in The Recorder’s annual report of “California’s Million-Dollar Settlements.” She has presented on and has written several articles about various topics related to third-party liability claims arising from workplace injuries. Ms. Wong has been selected to Super Lawyers Northern California Rising Stars list for the years 2012-2017 and the Super Lawyers Northern California list in 2018.