White Plains Forklift Accident Lawyer
Operating a forklift is more complicated than driving a typical vehicle and requires a proper certification. One wrong move on a forklift can inflict devastating injuries on the driver and any workers in the vicinity. In 2022, the Bureau of Labor Statistics reported 73 forklift-related fatalities.
If you or a loved one suffered injuries in an accident, contact Greenspan & Greenspan Injury Lawyers to discuss your case with a New York forklift accident lawyer. We can conduct an independent investigation to determine whether you qualify to file a personal injury claim.
Types of Forklift Accidents
Accidents that can cause forklift-related injuries include:
- Crashing the forklift into a stationary object,
- Tipping the forklift by carrying a load that is too heavy,
- Driving a forklift off a loading dock or ramp,
- Striking another person while driving a forklift, or
- Improper loading causing heavy items to fall on someone.
A forklift accident can affect the driver or other workers near the forklift accident.
Who Is Liable for Damages Caused by a Forklift Accident?
Several parties can be held liable for a forklift accident, including the operator, the manufacturer, the construction site manager, the operator’s employer, or the forklift owner.
Prevailing in a forklift accident case requires proof that someone’s negligence caused the accident and subsequent injuries. A successful negligence claim will establish four elements:
- First, you must prove that the defendant owed them a duty of care. For example, a forklift operator is obligated to drive their forklift in a reasonably safe manner.
- Second, you must show that the defendant breached their duty of care. An attorney can prove a forklift operator breached their duty of care by requesting surveillance footage from the job site to determine whether the forklift operator was driving recklessly.
- Third, the defendant’s breach must directly cause your injuries. For example, a forklift operator drives directly into a coworker, resulting in internal injuries or broken bones. In that case, the operator’s breach caused their coworker’s injuries.
- Finally, you must incur losses due to the defendant’s breach. Our team can prove your losses with invoices and medical bills.
When an employee causes a forklift accident in the course and scope of their employment, their employer may be financially responsible for the employee’s negligence.
An experienced forklift injury attorney can investigate the circumstances of the accident to determine who is responsible for your losses.
Common Injuries in Forklift Accidents
Forklifts perform a variety of different tasks, like carrying heavy pallets from location to location and stacking inventory inside a warehouse. Injuries that happen in forklift accidents are equally varied and include:
- Traumatic brain injuries,
- Concussions,
- Cuts or gashes,
- Internal injuries,
- Sprains and dislocations,
- Broken bones, and
- Bruises and contusions.
The severity of an injury often depends on the circumstances of the accident. The severity of the injury and complexity of medical treatment can affect the value of your personal injury claim.
Potential Damages After a Forklift Accident Injury
A forklift injury can cost you and your family emotionally and financially. Filing a personal injury suit against the party liable for your losses can help you recover the damages you suffered from your injury.
Economic Damages
Economic damages, also called pecuniary damages, compensate the victim for direct losses from the accident. Some examples of economic damages include:
- Lost wages,
- Medication costs,
- Emergency room bills,
- Ambulance bills,
- Doctor’s visit costs,
- Medical treatment invoices, and
- Rehabilitation services.
A forklift injury lawyer can prove the extent of your economic losses with receipts and invoices you received during your recovery.
Noneconomic Damages
Noneconomic damages, also called non-pecuniary damages, compensate the victim for more abstract losses from the forklift accident. Some examples of noneconomic damages include:
- Emotional distress,
- Pain and suffering,
- Loss of consortium, and
- Permanent or temporary disfigurement.
Valuing and proving personal and emotional losses is more complicated than calculating economic damages. A White Plains forklift accident lawyer can help estimate the value of your noneconomic losses accurately.
Contact a Forklift Attorney at Greenspan & Greenspan Injury Lawyers to Discuss Your Case
Hiring the right attorney can increase the value of your forklift accident claim and enhance the likelihood you receive full compensation for your losses. Since our founding in 1959, Greenspan & Greenspan has stayed dedicated to helping clients achieve positive outcomes in their legal matters. We pride ourselves on offering high-quality legal representation and accurate legal advice to anyone who seeks our services to navigate forklift injury claims.
An experienced lawyer at our firm will advocate for you every step of the way, from helping you secure the maximum settlement offer to finding the appropriate medical treatment for your injuries. Contact Greenspan & Greenspan today to schedule an appointment with a forklift attorney.