Forklifts are vehicles used in warehouses, more extensive storage facilities, and construction to efficiently and quickly relocate heavy materials and equipment. Forklifts can cause catastrophic fatalities and injuries to the operator and other workers in the area. The most common questions for filing negligence lawsuits following a forklift accident are:
How Do Negligence Lawsuits Work?
Most states’ tort laws protect injured workers’ rights against non-employer parties. Various contractors are held liable following a forklift accident. Some of them include forklift maintenance companies, forklift manufacturing, forklift operating companies, and forklift rental companies. Injured workers must prove that any of the above-listed parties are negligent in causing an accident to improve the chances of securing fair compensation. A negligence lawsuit demands filing a formal complaint with a local court, usually in the county or state where the accident occurs. The complaint holds the at-fault party responsible for the accident and specifies the damages the plaintiff seeks. Work with a reputable personal injury law firm to litigate your case according to the court procedures to receive the settlement you deserve.
How Long Does It Take To Resolve The Case?
On average, most forklift work accidents take up to two years from the date of case filing to resolution, excluding time for any appeals. Two years may seem like a long time to you, but the duration is necessary due to the complexity of the legal issues involved. Some cases may take a shorter time, but it’s essential to ensure that the injured employee has adequate time to heal to provide a complete picture of the damages. Provide a complete picture regarding the damages to avoid harming your case.
For instance, if a forklift runs over an employee causing massive crush injuries, assessing whether the worker’s injuries are fully healed and whether the employee can resume work duties is crucial. Workers who can’t return to work may have a significant work disability claim. Workers may get a baseline for their disabilities, and their injuries may take time to heal, usually taking over a year.
What Can You Recover In A Negligence Lawsuit?
The injured party may claim all the damages and injuries that reasonably flow from the original accident. Some of the damages you can recover include the following:
- Medical bills
- Economic losses
- Pain and suffering
Claims for economic expenses include claims for work-related disability, lost wages, and out-of-pocket expenses. In addition, it’s essential to note that these claims, including pain and suffering and medical bills, may include a future component and such damages that are reasonably expected to happen in the future.
Forklift Product Liability Lawsuits
A lawsuit is filed against the forklift manufacturer and the company that made the defective forklift parts that caused the accident and injuries. In these cases, the plaintiff must prove that the equipment caused the injuries despite being used as intended. Plaintiffs must also show they suffered monetary damages and injuries from the forklift accident and that the equipment effects caused direct damage and injuries.
Forklift Wrongful Death Lawsuits
Suppose you lose a loved one following a forklift accident due to another person’s negligence, you can file a wrongful lawsuit. The lawsuit seeks compensation for lost future income, medical expenses, burial costs, pain and suffering, and loss of care, love, and companionship. Wrongful death lawsuits are filed by the decedent’s immediate relatives, including spouse, parents, children, siblings, or others financially dependent on the deceased victim.
If you or your loved one sustain injuries following a forklift accident, you may recover the compensation owed by the at-fault party. Work with a reputable attorney with expertise in handling forklifts and heavy-duty machinery present in the workplace. A seasoned lawyer provides victims with the information they need to pursue their injury claims and fight for their rights to win.