Do You Have a Legal Case If You’re Hurt in a Forklift Accident?

Powered industrial trucks, also known colloquially as forklifts, fork trucks, fork hoists, or lift trucks are heavy machinery used to lift and transfer huge cargo or shipment from a truck to a storage room or room to truck. They’re regularly seen in most yards and warehouses.

So do you have a legal case if you’ve been hurt in a forklift accident? It depends on the context of the circumstances, but keep on reading in case you are eligible for compensation.

A Vital Piece of Machinery with Inherent Dangers

Even though they’re important pieces of equipment, forklifts can also be hazardous to the health of everyone around them because of how easily they can accidentally cause injury to operators or bystanders alike.

  • Grounds for a Civil Lawsuit: If you’ve been injured by a forklift due to some form of accident as an operator or bystander, you might have grounds for a civil lawsuit against the company or the maker of the forklift in question depending on the context of your case.
  • Investigation and Discovery Phase: An investigation will take place regarding the forklift accident to determine who’s at fault and who’s liable. It aims to answer several questions. What was the cause of the accident? Was it caused by human error or mechanical failure? Did the machine fail due to lack of maintenance or some sort of design flaw?
  • The Law Office Does the Investigation: The law firm you’ve hired will usually do the investigation into the accident involving the forklift. They’ll send their most veteran of construction accident attorneys on the scene to determine if there’s a case here and it’s possible to get compensation from the contractor or insurance firm.
  • Determining Who’s Liable: Determining liability behind an accident involving forklifts is the key part of the lawyer’s role to see if you do have a case or not. From there, if you are a victim of personal injury or not. You should at least get some workers’ compensation to cover for your medical bills after the accident.
  • Get Financial Compensation: As soon as you take that ride on the emergency ambulance, the costs for your treatment has already started growing. Some Americans even prefer having loved ones drive them to the hospital over an ambulance, it’s so expensive. Before an accident even occurs, get ample insurance coverage, particularly when it comes to accidents.
  • Should You See a Doctor after a Forklift Incident? Serious injuries can result in being in the middle of an accident involving forklifts or other heavy machinery. It’s for this reason operators are discouraged from operating these machines when under the influence of alcohol. Many of these injuries are quite serious, so seeking immediate medical attention is a must.

Workers’ comp should help cover your medical bills and out-of-pocket expenses as well as part of your lost wages while you’re bedridden and undergoing treatment for your forklift-related injuries.

Been in a Construction Accident? Get a Lawyer Immediately

It’s financially and physically devastating to end up injured at a construction site. If you’ve been to construction accidents, you can get compensation by availing of a lawyer ASAP. You might have enough reason to launch a personal injury lawsuit against your workplace.

You don’t want your workplace to leave you high and dry while doing some of the riskiest tasks in the world. You have your worker rights to uphold, after all.

Why You Need a Lawyer after Suffering On-Site Injury

  • Workers’ Compensation Entitlement: If you’ve suffered an injury while on the job, you’re eligible for workers’ compensation by law. This money should cover your medical bills and other damages to your person, such as mental grief and trauma. However, many insurance companies or employers of big businesses wish to escape from this fiscal responsibility. 
  • Comp Payouts or Lack Thereof: Many employees are exploited by huge enterprises or corporations, making them ignorant of their rights. The big bosses of such companies also do their best to escape giving out comp payouts as much as possible. This goes double for greedy insurance agencies with huge premiums.
  • What are the Common Types of Accident Injuries? The most common instances of on-site worker injuries that can lead to the filing of an accident claim for workers’ compensation include the following examples:
  • Broken bones
  • Hearing damage
  • Spinal cord injuries
  • Severe cuts (i.e., lacerations)
  • Electrocution-related injuries
  • Loss of vision or total blindness
  • Burns that can range from mild to severe
  • Traumatic brain injuries (TBIs) like concussions
  • Suing the At-Fault Party Might Be Needed: You might need to sue the company or insurance firm directly to get compensated. You can be the victim who got injured or the loved one of the seriously injured, seeking legal representation on his or her behalf. Most workers’ comp cases involve construction accidents requiring extended medical attention.
  • Lawyers Can Legally Coax the Payments: Personal injury and workers’ compensation lawyers know your rights, know what you’re eligible for in light of your work site injury, and know how to deal with even the high-paying attorneys of huge corporations in order to get some decent payouts for you when all is said and done.
  • When Do You Need a Workers’ Comp Lawyer? It can be difficult to ascertain when one should avail of a lawyer or not. Most people tend to avail of them in a per-need basis. Still, it’s in your best interest to contact a lawyer ASAP, particularly someone who’s knowledgeable about your plight.

For most people who’ve undergone onsite accidents, the preferable outcome is their employer and/or their insurance company give them ample coverage for the injury they’ve sustained “in the line of duty”. Once this trust is breached, a lawyer can’t be far behind.

Do People Really Collect Big Money In Personal Injury Lawsuits?

If you have suffered from personal injury due to the negligence of others, you can sue the other party who’s responsible (or irresponsible) for your physical and mental grievances. Some personal injury cases lead to huge settlements or generous verdicts.

Not all of them net multimillion payouts. The norm is smaller amounts by the thousands to hundreds of thousands. Also, not every case or injury holds the value of millions of dollars.

Why Do Some Cases Get Large Payouts?

There are some things that can skew your point of view of the nature of personal injury lawsuits and how settlements work. Here they are.

  • The Values of Personal Injury Claims: Some cases get large payouts and some have smaller payouts. This is influenced by several factors, including the severity of the injuries, whether there’s permanent impairment involved, and whether or not the injured party has lost income due to the personal injury.
  • Mostly Depends on Insurance Coverage: The person who suffered the personal injury or his legal representative can sue or collect damages from his insurance. This is especially true of people who, for example, put up huge insurance policies for their hands (artists) or thighs (models) or anything valuable for their work.
  • The Right for Compensation: When someone is responsible for your injuries—whether it’s a drunk driver, the manufacturer of the car you’re driving, or the ladder you’re using to do home improvements on—you have the legal right of compensation for the loss of income incurred by your injury when push comes to shove. This could involve a fair settlement.
  • What’s a Fair Settlement? A fair settlement takes into consideration how your life has been changed by your temporary or permanent injury, the mental trauma you’ve suffered from the event, and other similar damages. This includes both monetary and non-monetary damages as part of your settlement or payout.
  • What are Economic Damages? Economic damages includes things like medical expenses, household maintenance fees, childcare expenses, diminished earning capacity due to permanent injury, and lost wages when push comes to shove. You can document your loss of income and expenses with financial records such as pay stubs, bank statements, and other financial records.
  • Which Non-Economic Damages are Recouped? You can get compensation for non-monetary damages to make your settlement into a truly fair one with true-blue compensation. Examples of non-economic damages you can get a settlement for include reputational damage, mental anguish, physical suffering and pain, diminished quality of life, and loss of consortium.

When compared to economic damages it’s harder to get the value of non-economic damages because they don’t have an objective monetary value. It’s up to the judge and jury to decide how much you’re eligible for in damages due to your personal injury lawsuit.