Forklift Accident Lawyer

Forklift accidents represent a significant concern within the workplace, leading to severe injuries or fatalities. An experienced forklift accident lawyer from Rosenfeld Injury Lawyers can offer crucial assistance to victims and their families, navigating the complexities of workers’ comp claims and personal injury lawsuits.

If you or someone you know has sustained injuries from a forklift accident, it is essential to seek legal counsel to ensure that your rights are protected and that you receive the compensation you deserve.

Why Choose Rosenfeld Injury Lawyers

At Rosenfeld Injury Lawyers, we are dedicated to securing the highest compensation for forklift accident victims. Our law firm specializes in handling complex personal injury and workers’ compensation claims and has a proven track record of achieving substantial settlements and verdicts. 

Our forklift accident lawyers meticulously investigate every aspect of your case to ensure all medical expenses, lost wages, and pain and suffering are fully covered. With our deep expertise in forklift accident claims, our legal team navigates the legal complexities effectively and fights tirelessly to protect your rights.

The Prevalence of Forklift Accidents: Statistics and Trends

The alarming statistics surrounding forklift accidents underscore the necessity for rigorous safety measures and ongoing training within the workplace. The following data highlights the significant impact of forklift-related incidents in recent years:

• In 2022, forklifts accounted for 73 work-related fatalities. [1]
• From 2021 to 2022, there were 24,960 days away from work, job restriction, or transfer (DART) cases and 15,480 days away from work (DAFW) cases. [1]
• 53% of DART cases were categorized as transportation incidents. [1]
• 13% of DART cases resulted from being struck by objects. [1]
• 11% of DART cases stemmed from falls, slips, and trips. [1]

Types of Forklift Accident Cases We Handle

Forklift accidents can occur in various contexts, particularly in environments such as construction sites or warehouses, but those aren’t the only scenarios in which these accidents occur. Most forklift accidents can be categorized as one of the following: 

Tip-Overs

Tip-overs are one of the most common forklift truck accidents, often resulting from overloading, navigating uneven terrain, speeding, or making improper turns. 

Tpping can result in serious injuries, including being crushed by the forklift, sustaining head trauma, or suffering broken bones. Forklift accident victims in these incidents may need to file a personal injury lawsuit to recover damages.

Collisions

Collisions involving forklifts constitute a significant number of accidents, often resulting in the following situations:

• Pedestrian Accidents: Workers struck by forklifts can experience catastrophic outcomes. Such accidents highlight the need for vigilant safeguards to protect all personnel onsite. 
• Vehicle Collisions: Accidents involving forklifts colliding with other vehicles pose serious risks, often resulting in significant injuries. 
• Object Collisions: Forklifts hitting racks, walls, or other objects can frequently lead to injuries for both forklift operators and nearby employees.

Falling Loads

Falling loads can occur due to improper loading, unsecured materials, or mechanical failures during forklift operation. The resulting injuries from falling loads can include traumatic brain injuries, crushed limbs, or severe back injuries.

Liability in Forklift Accident Cases

Understanding liability is crucial for victims seeking compensation for their forklift accident injuries. Different parties may be responsible depending on the circumstances surrounding the incident, and this can significantly affect personal injury claims, workers’ compensation cases, or wrongful death lawsuits. 

Employer Liability

Employers have a legal obligation to ensure the safety of their workers, and they may be held liable for forklift accidents under several circumstances:

• Inadequate Training and Supervision: If a forklift operator is not properly trained or supervised, employers may be deemed negligent. This negligence can directly lead to serious injuries or accidents, making it essential for employers to provide thorough training programs.
• Failure to Maintain Equipment: Forklift trucks must be regularly inspected and maintained to operate safely. A failure in upkeep can result in mechanical failures that cause accidents, thus exposing the employer to liability for injuries sustained by workers due to this negligence.
• Negligent Hiring Practices: If an employer hires workers without verifying their experience or qualifications, they can be held accountable for any accidents arising from the incompetence of the forklift operator.

Forklift Manufacturer Liability

Forklift manufacturers can also be liable for injuries if defects in the design or manufacturing process contribute to accidents:

• Design Defects and Manufacturing Flaws: If a forklift is designed poorly or manufactured with flaws that lead to malfunctions, the manufacturer may be held liable for injuries resulting from those defects.
• Failure to Warn of Potential Hazards: Manufacturers have a responsibility to provide adequate warnings regarding potential hazards associated with their products. Failure to do so can lead to liability in personal injury lawsuits stemming from forklift accidents.

Third-Party Liability

In addition to employers and manufacturers, third parties may also bear responsibility for forklift accident injuries. If an accident is caused by the negligent actions of other workers, contractors, or property owners, they may be liable in a third-party liability claim. Such negligent behavior could directly contribute to the accident, leading to forklift injuries requiring extensive medical care.

The Role of a Forklift Accident Lawyer

In the aftermath of a forklift accident, seeking the counsel of a qualified forklift accident lawyer becomes critical for victims navigating the legal process. We play an essential role in investigating the circumstances surrounding the incident, gathering evidence, and ultimately pursuing fair financial compensation for their clients. 

Here’s how our law firm can help:

Investigation and Evidence Gathering

A thorough investigation is vital in establishing liability in a forklift injury case. This is done by taking the following steps:

• Accident Scene Reconstruction: Experts may be hired to recreate the accident scene, which helps clarify how the incident occurred.
• Witness Interviews and Testimony: Speaking with witnesses is crucial to gather firsthand accounts of the accident and corroborate the details surrounding the event.
• Reviewing Safety Records and Training Manuals: Assessing the company’s compliance with safety protocols and ensuring that proper training was provided can reveal potential negligence.
• Obtaining Medical Records and Expert Opinions: Collecting medical documentation related to injuries sustained and consulting with medical professionals lends credibility to these claims.

Determining Liability

Determining who is liable for a forklift injury entails identifying all responsible parties and understanding complex liability issues in forklift accidents. A forklift accident attorney from our team can help with:

• Identifying All Responsible Parties: This may include employers, manufacturers, or third-party contractors whose negligence or poor maintenance of the equipment contributed to the accident.
• Understanding Complex Liability Issues: Liability can be complicated, especially if the injured party played a role in the accident. 

Calculating Damages

Establishing the extent of damages experienced as a result of a forklift injury is essential for securing adequate compensation. Some of the most common types of damages awarded after this type of accident include:

• Medical Expenses: Documentation of past, present, and future medical bills and ongoing medical expenses is crucial for an accurate damage assessment.
• Lost Wages and Earning Capacity: Claims can encompass lost income due to time off work and a future earning capacity impacted by injuries.
• Pain and Suffering and Emotional Distress: These non-economic damages consider the mental anguish and physical pain endured as a result of the accident.
• Disability Benefits: In some of these personal injury cases, severe forklift accidents may result in permanent disabilities, leading to additional compensation.
• Wrongful Death Damages: For severe cases involving those who have suffered fatal injuries, claims may include loss of companionship and funeral expenses.

Negotiating with Insurance Companies

Navigating discussions with the insurance company is a critical responsibility of forklift accident lawyers. 

A lawyer ensures that all aspects of a workers’ compensation claim are properly addressed, maximizing the chances of receiving the full benefits you are entitled to.

If a third party is responsible for the accident, a lawyer can handle the complex negotiations and legal processes required to secure additional compensation beyond workers’ compensation.

Filing a Lawsuit and Litigating in Court

When an agreement cannot be reached, an attorney may file a lawsuit to protect the rights of injured workers and hold negligent parties accountable.

Forklift accident lawyers are prepared to represent clients in court, presenting evidence and arguments to advocate for the financial compensation owed to victims who have suffered personal injuries or their families.

Damages You Can Recover in a Forklift Accident Claim

In a forklift accident case, victims may seek various forms of damages to address the impact of their injuries. Our forklift accident attorneys can help you recover:

• Medical Expenses: This includes all medical bills related to the treatment of the suffered injuries, such as neck injuries or other personal injuries. Maintaining thorough medical records and an accident report is crucial for substantiating these claims.
• Ongoing Medical Expenses: Victims may also recover costs for ongoing medical treatment required due to forklift accidents.
• Lost Wages: If an injured worker is unable to work due to their injuries, they may recover compensation for lost income during their recovery period.
• Pain and Suffering: This encompasses the physical and emotional distress endured following the accident, which can significantly affect the quality of life of the forklift accident victim.
• Wrongful Death: In cases where forklift accidents result in fatal injuries, family members may file a wrongful death claim to recover damages for their loss, including funeral expenses and loss of companionship.
• Workers’ Compensation Benefits: Depending on the circumstances, injured workers may be eligible for a workers’ compensation claim, which can provide financial support during their recovery.
• File a Personal Injury Claim: If someone else’s negligence – not your employer – contributes to the accident, victims may choose to file a personal injury claim against the responsible individual or entity to seek additional financial compensation.

The Statute of Limitations for Forklift-Related Accidents

Understanding the statute of limitations for filing claims related to forklift accidents is essential for forklift injury victims seeking compensation. The time frame in which an individual must initiate a personal injury lawsuit varies by state, ranging from one to six years from the date of the accident or the date when the injury was discovered.

Failure to file within this period may result in the forfeiture of the right to seek damages, underscoring the importance of timely legal action. Consulting with an experienced forklift accident lawyer can provide clarity on specific deadlines based on state laws. 

Contact a Forklift Accident Attorney Today!

Our personal injury law firm operates on a contingency fee basis, meaning you won’t owe us nothing unless we help you secure compensation for your injuries. Contact us by calling (888) 424-5757 or completing our online contact form. 

Resources: [1] Injuryfacts.org