A first-party action refers to a legal case initiated by a victim against the person or entity that caused them harm. This type of action can occur in various contexts, including personal injury cases where a victim sues their attacker. In civil law, it also encompasses situations where an insured individual files a claim against their own insurance company for benefits owed under their policy.
First-party actions are commonly used in civil law, particularly in cases involving insurance claims. They allow individuals to seek compensation directly from their insurers or from those responsible for their injuries. Users can manage these actions themselves using legal templates provided by services like US Legal Forms, which offer resources tailored to various legal situations.
Here are a couple of examples of abatement:
Example 1: A person injured in a car accident may file a first-party action against their own insurance company for medical expenses and lost wages.
Example 2: A homeowner whose property was damaged by a storm may initiate a first-party action to recover costs from their insurance provider for repairs.
| State | Variation |
|---|---|
| California | First-party actions are often governed by specific insurance regulations that may differ from other states. |
| Texas | Texas law allows for certain penalties against insurers for unreasonable denial of claims in first-party actions. |
| Florida | Florida has unique statutes that protect homeowners in first-party actions against their insurers. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Third-party action | A lawsuit filed by a victim against someone other than their insurer. | Involves a different defendant, typically a third party responsible for the harm. |
| Contractual liability | Liability arising from a breach of contract. | First-party actions can include contractual claims, but not all contractual claims are first-party actions. |
If you believe you have a valid first-party action, consider the following steps:
For complex matters, seeking professional legal help is advisable.
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A first-party action is a legal claim filed by a victim against the person or entity responsible for their harm, including insurance claims.