Have you suffered catastrophic injuries in a forklift accident? If your injuries were work-related, you might be entitled to workers’ compensation benefits. However, if someone else is responsible for causing your accident or resulting injuries, you might also have a right to compensation through an insurance or civil claim.
With help from an experienced Atlanta forklift accident lawyer at John Foy & Associates, you can demand justice and get through these difficult times. Contact our team for a confidential case assessment and learn more about how much your claim could be worth. Forklift accidents contribute to a significant portion of on-site injuries in construction areas. If you’ve been involved in such an accident, our experienced Atlanta construction accident lawyers can provide the legal guidance and support necessary to secure your due compensation.
How a Forklift Accident Attorney in Atlanta, GA, Can Help
In the aftermath of your work injuries, having an experienced forklift accident lawyer in Atlanta, GA, at John Foy & Associates representing your claim can make all the difference in the outcome of your case. Now is when you should be able to focus on healing from your injuries, spending time with your family, and figuring out how you will rebuild your life.
It would be best if you did not have to deal with the legal responsibilities of dealing with the insurance company or bringing your case to trial. Thankfully, when you have our team working for you, you do not have to worry about a thing.
We will handle the details of your case from start to finish so you can start to move forward with your life. You can rely on your forklift accident attorney to:
- Investigate the cause of the forklift accident
- Identify liable parties
- Obtain witness statements and depositions
- Analyze forensic evidence
- Negotiate with insurance
- Calculate the value of your damages
- Prepare to bring your forklift accident case to trial
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Common Causes of Forklift Accidents in Atlanta
Your forklift accident attorney in Atlanta, GA, will immediately investigate the cause of your injuries. This is because the individual or entity responsible for causing your injuries will also be compelled to compensate you for your damages.
Forklift accidents can happen in a multitude of ways. However, here are some of the most common causes our attorneys deal with:
Operator Negligence
When forklift operators do not have sufficient training, they are at an increased risk of causing catastrophic injuries. Not only do they have the potential to cause severe personal injuries, but they can threaten the lives of construction workers on the ground and passersby as well.
In addition to insufficient forklift operator training, if a forklift operator fails to perform safety inspections, operates the forklift under the influence of drugs or alcohol, or is too exhausted to operate the forklift safely, they could be responsible for causing your forklift accident injuries.
Defective Equipment
Forklift operator negligence is not the only cause of these injuries. Sometimes, the forklifts are improperly assembled or built using defective or malfunctioning parts.
If the forklift itself is defective, even when used properly, the forklift is inherently dangerous. Your forklift accident lawyer’s in-depth investigation into the cause of your injuries will uncover all potentially liable parties so you can maximize your restitution.
Who Could Be Liable for Your Forklift Accident Damages
You might be surprised to learn that multiple parties could be sued for your forklift accent damages. The way your accident occurred will help your attorney identify potentially liable parties. For example, if forklift operator negligence contributed to your accident, you might have grounds for a claim against not only the forklift operator but the construction company, the forklift operator supervisor, and other parties.
Alternatively, if defective equipment contributed to your accident, instead of filing a claim against the forklift operator, you might have grounds for a lawsuit against the forklift manufacturer, parts designers, or the construction company if they fail to inspect forklifts for malfunctioning parts properly.
With a dedicated team of legal professionals, John Foy & Associates is prepared to fight for your rights. Our Atlanta personal injury lawyers are here to ensure that you receive justice and the fullest possible recovery from your forklift accident claim.
How to Recover Maximum Compensation for Your Damages
You can recover maximum compensation for your suffering by pursuing justice across all avenues. You might have a chance to not only file a civil lawsuit against the liable party, but you could file a claim with the insurance company or even seek workers’ compensation benefits.
Workers’ Compensation Claims
Many forklift accident victims are construction workers, factory employees, and work and other related industries. If you are involved in a work-related forklift accident, you may have the right to workers’ compensation benefits.
You do not need to be a full-time employee. You can work part-time, temporarily, or even seasonally. As long as you are not an independent contractor, your employer may be obligated under state laws to extend workers’ compensation coverage to you.
Then, when you are involved in an accident, it does not matter who is responsible. As long as your injuries occurred within the scope of your employment, you are entitled to benefits. These benefits could include the following:
- Disability benefits that replace a portion of your lost income
- Vocational rehabilitation benefits if you need additional training or education to re-enter the workforce
- Total compensation for your existing in future forklift accident-related medical expenses
- Death benefits, including coverage of funeral and burial expenses and disability benefits for surviving family members
Insurance Claims
You may also be able to file a claim with the insurance company. When the liable party is identified, chances are, they will have insurance coverage in place to protect them. When you file a claim with the insurer, the insurance company might be required to cover specific types of losses, such as your medical expenses, lost wages, and personal property damages.
However, when it comes to non-economic damages and the way your life has been affected by your forklift accident injuries, your insurance settlement may be lacking. For this reason, you should always be prepared to bring your case to trial when you hope to maximize your payout.
Civil Lawsuits
No one relishes the idea of going to trial. But the fact remains that a lawsuit may be one of the top ways to be made whole after a forklift accident. In court, you can recover not only economic damages insurance does not cover but non-economic damages as well.
Some of the top types of recoverable damages after a forklift accident include:
- Skin scarring and disfigurement
- Diminished earning capacity
- Reduced quality of life
- Loss of love, support, protection, and companionship
- Loss of household services
- Emotional trauma and distress
- Indignity, shame, and embarrassment
- Fear, shock, and anticipation
- Reputational damages
Contact an Atlanta Forklift Accident Attorney for Help Today
Forklift accidents are some of the most debilitating work-related injuries you can endure. Make sure you have access to the compensation you will need to cover your costs and escape financial ruin.
Reach out to a reputable Atlanta forklift accident lawyer at John Foy & Associates to find out what your next steps should be. You can reach us via our online contact form or phone to schedule your free, no-obligation consultation today
404-400-4000 or complete a Free Case Evaluation form