Design and manufacturing defects may have played a role in your forklift accident. A New York construction accident lawyer can help you recover the compensation you need to help you through this difficult time. We understand the impact of severe injuries on your professional and personal life. Our New York forklift accidents lawyer will review your case’s facts and help you fight for your rights.
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What are some causes of forklift accidents?
Many forklift accidents arise due to negligent conduct. Faulty equipment, outdated safety policies, and inadequate employee training are some of the most common causes of forklift accidents in New York. Listed below are some of the common elements associated with forklift accidents.
Inadequate training
The policies and procedures enforced by employers and other entities are essential to your personal injury case. It is critical to assess whether or not the employer provided adequate training to its employees. Understanding this can help establish that your employer is liable for your injuries and damages. Sometimes, employees may need to realize they have received inadequate training with dangerous equipment. Unfortunately, some employees lose their lives due to the lack of training they receive during their course of employment as forklift operators.
Unmaintained equipment
Forklift maintenance is essential to the safety and well-being of all forklift employees. State and federal laws must maintain all forklift equipment. Determining which internal policies and procedures exist is necessary to ensure that forklift equipment is maintained correctly. Simple practices can save lives, and most employers have regular maintenance schedules that help reduce accidents resulting in serious bodily injury or death.
Insufficient safety measures
OSHA establishes safety measures to protect forklift operators and employees from serious bodily injury or death. Forklifts are dangerous equipment, and safety measures can prevent accidents in warehouses and other areas where forklifts are commonly used for long periods.
Some safety measures may seem too onerous to some employees, but these are designed to promote the health and safety of employees. Although some employers need more adequate safety measures, it is rare for them to implement no safety training or protocols. However, suppose you suffered injuries while operating a forklift and received no safety training. In that case, you should inform your personal injury lawyer about this as soon as possible.
Overloading
Adequate training is also essential to ensure that employees do not overload forklifts and cause them to tilt over on their sides. Forklift overloading is one of the most common causes of forklift accidents. Employees, managers, and supervisors must understand the dangers of overloading forklifts.
Often, employees will overload a forklift because they still need safety training to help them understand how much weight they should add to a forklift. These operation safety procedures can save the lives of forklift operators and those employees who work near forklifts and other heavy equipment.
Speeding
Sometimes, forklift operators can become comfortable behind the wheel and take more significant risks. Speeding on a forklift can cause loads to destabilize. In addition, if a driver travels too fast, they reduce their reaction time significantly. According to the study above, OSHA advises drivers to maintain their vehicles at five mph or slower.
What kinds of injuries are associated with forklift accidents?
Forklift accidents often cause victims to suffer serious bodily injury or death. Employees often need urgent medical care to survive their injuries. The following are some of the most common injuries victims suffer during forklift accidents:
- Traumatic brain injuries
- Spinal cord injuries
- Soft-tissue injuries
- Acute head injuries
- Neck injuries
- Paralysis
- Concussions
- Bone fractures
The injuries victims suffer during forklift accidents often become more severe over time. For example, a forklift accident may cause some victims to suffer temporary disability, which can become permanent if the victim does not seek proper medical care.
In fatal forklift accident cases, the surviving family members have the right to bring a claim against those responsible. A guardian ad litem frequently represents the decedent’s minor children. It is necessary to focus on the statutory requirements so that the minor children can assert the claims to which they are entitled under state and federal law.
How can a New York City accident lawyer help me?
Forklift accident attorneys possess the knowledge, skill, and experience to litigate your legal claims and establish the defendants’ liability. Focusing on how a forklift accident lawyer can benefit you is essential. The more you understand about your case, the more likely it will be that you can prove your legal claims.
An experienced forklift injury lawyer in NYC can give you the insights you need to strengthen your case. Also, you will not have to draft complaints or motions regarding your case. Typically, an attorney will draft a demand letter to present to the insurance company before initiating a civil lawsuit. However, providing your attorney with all the medical records associated with your case is vital.
A forklift accident attorney will also be able to provide you with benefits that arise from the attorney-client privilege and attorney-client confidentiality. Understanding how these privileges will help you protect yourself and vital information related to your legal claims is essential.
Identify potential witnesses.
A New York forklift accidents lawyer can help you identify potential witnesses who may have valuable information regarding the cause of the accident. Also, many witnesses can provide statements regarding any environmental conditions contributing to the forklift accident. Some witnesses may be unable to recall important details related to the events surrounding the forklift accident. However, speaking with as many potential witnesses as possible can help you discover other witnesses with more specific information about the forklift accident.
Forklift accident cases are complex, and expert witnesses typically play an essential role in assisting attorneys with identifying flaws in the training policies utilized by an employer. An expert witness can help you build credibility with jurors and convince others that the defendant was liable for causing your injuries. The defendant will also have the right to call their expert witnesses to present counterarguments, which may test your theory of the case.
Gather evidence.
It is also necessary to collect evidence to substantiate your legal claims. Having an attorney on your side will make obtaining medical records, internal reports, and other documents that can help strengthen your case easier. Collecting evidence often takes weeks or months. Sometimes, specific records are only possible to acquire with certain documentation and medical waivers. Therefore, you must be prepared to gather essential documents that you may need to submit as part of a medical records request.
Witnesses may be reluctant to provide evidence regarding the forklift accident. Employees may fear losing their jobs if they provide detailed information about the causes and conditions of a forklift accident. Speaking with an experienced forklift accident lawyer in New York will help you determine what you must do to collect the evidence to substantiate your legal claims.
Negotiate with insurance.
One of the most challenging things to do during a personal injury lawsuit is negotiate with insurance claims adjusters and other representatives of insurance companies. You need an experienced attorney who can negotiate with the insurance company without falling victim to the tactics employed by insurance company representatives. Also, insurance companies are notorious for not providing information to individuals not represented by legal counsel.
Therefore, you need to focus on allowing your New York forklift accidents lawyer to take responsibility for negotiating with insurance companies. You do not want to provide the insurance company with any oral or written statements before you retain legal counsel.
Calculate the value of your potential damages.
Calculating the total damages associated with your forklift accident case is necessary. You need to calculate both general damages and special damages. Sometimes, requesting punitive damages in a forklift accident case may be required. Both general and special damages may include medical bills, property damage, and loss of enjoyment of life. These factors must be assessed case-by-case, and no two civil lawsuits will feature identical damages amounts.
Bring the case to trial.
Most civil lawsuits are resolved through settlement negotiation, mediation, and arbitration. However, some forklift accident cases go to trial, and you need an attorney with trial experience. Lawyers must know how to cross-examine witnesses and deliver opening and closing statements to jurors.
Trial experience is valuable because so few civil cases go to trial. Attorneys prepared to go to trial can often obtain more favorable settlement offers during litigation.
Also, your case may settle during mediation, and our attorneys understand the value of drafting coherent and detailed mediation briefs.
Our New York forklift accidents lawyer is ready to help
The Weinstein Law Group works with clients injured daily during workplace accidents. Forklift accidents are some of the most severe accidents in New York City. If you want financial compensation for your injuries, contact us at (212) 741-3800 to schedule a free consultation.
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Steven M. Weinstein