You can find forklifts in workplace plants, on worksites, and traveling from one location to another. The parties using forklifts must undergo extensive training to operate these machines safely. Parties who improperly operate a forklift or get into a forklift without the proper training can endanger everyone around them.
How can you reclaim your life if you’re injured in a forklift accident? The forklift accident attorneys in Cape Girardeau can help. Morelli Law Firm emphasizes your right to legal action after forklift accidents. Our personal injury lawyers in Cape Girardeau can help you compose a civil claim designed to help you secure compensation for your losses.
Walking Away From a Forklift Accident
Your right to take legal action after a forklift accident hinges on your ability to prove that another party’s negligence contributed to your accident. So long as you can bring forward evidence of workplace misconduct, roadway misconduct, or even deliberate recklessness, you can work with a Cape Girardeau forklift accident attorney to demand accident damages.
That said, you need to act quickly after a forklift accident. Whether you choose to file a claim personally or have a representative do so for you, you must get that claim to Missouri’s civil judges within the state’s personal injury statute of limitations. Missouri Code section 516.120 caps your actionable time after a forklift accident at three years.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
How to Hold a Party Liable for a Forklift Accident
You know how long you have to hold another party liable for your losses. Who, though, bears the brunt of the blame for a recent forklift accident? The answer to that question depends on what evidence of negligence you find at the scene and what contracts exist between relevant parties.
You cannot build a forklift accident case without evidence. You have an obligation to bring forward hard data proving that another party’s negligence violated the duty of care owed to you and led to your economic suffering. The evidence that may prove most relevant to your case can vary depending on your circumstances, but it can often include the following:
- Video footage of the forklift accident
- Photos from before, during, or after the forklift accident
- Statements from onlookers
- Input and recreations from expert witnesses
- Documents describing your losses
- Statements from related insurance providers
Morelli Law Firm’s job is to collect this evidence on your behalf. Our personal injury lawyers can analyze the data most relevant to your forklift accident case before compiling it into the claim you take before a Missouri judge.
Contracts can, unfortunately, overwrite the liability rulings that forklift accident evidence might put into place. For example, say the evidence at the accident scene reveals that a plant worker caused your forklift accident. However, if that plant worker operated on an employee’s contract with your employer, that individual does not bear the blame for your losses.
Instead, employees can default responsibility for on-duty accidents back to their employers. If you get into an accident with an on-duty forklift driver, you may have to name that party’s employer liable for your losses.
With that possibility of liability in mind, many corporations hire forklift drivers as independent contractors. If you get into an accident with an independent contractor, that forklift driver bears the full blame for your losses without the chance to redirect it.
You can discuss what specific impact contracts may have on your forklift accident case with Morelli Law Firm’s personal injury lawyers.
What Losses Entitle You to Forklift Accident Damages
Forklift accident claims can help you secure the financial support you need to recover from your accident. That said, what losses can you integrate into your request for compensation?
The economic losses tied to your forklift accident reflect the cost of your recovery. So long as you can bring forward evidence tying a liable party to your losses, you can make that party responsible for your medical expenses and long-term care. The liable party may pay for your pain management, physical therapy, and even accident-related surgeries.
You can also demand that a liable party pay for replacing or repairing any property damaged in your accident. If you got into a car accident with a forklift, for example, the liable party may have to pay for you to rent a car while yours gets repaired or replaced.
Our Cape Girardeau forklift accident attorneys can also help hold a liable party responsible for any wages you lose while recovering from your injuries.
Non-economic forklift accident losses do not generate paper trails. That does not mean, however, that you can’t include these losses in your demand for damages. Our team can estimate the value of losses like pain and suffering or mental anguish and integrate that dollar value into your total desired compensation.
The non-economic losses you can request in the wake of a forklift accident include the aforementioned pain and suffering and mental anguish. You can also request compensation for your emotional distress or, in the case of a fatal forklift accident, loss of consortium or companionship.
If your forklift accident saw the liable party engage in gross negligence, deliberate recklessness, or exaggerated misconduct, a judge may award you punitive damages for your losses. You cannot request punitive damages in a forklift accident claim, nor can you receive these damages if you resolve your conflict in private negotiations.
Punitive damages are instead meant to punish the party responsible for your accident and discourage other parties from similar forms of misconduct. Our attorneys can help you better understand your circumstances if a judge awards you punitive damages, but you should not expect that kind of financial support when you first file your claim.
Forklift Accident Attorneys in Cape Girardeau Stand Up for You
Forklift drivers must retain their licenses and certifications if they want to safely operate these vehicles in a workplace or private environment. Drivers who neglect to maintain their training or who otherwise use a forklift inappropriately endanger their coworkers, you, and the people you care about.
You don’t have to let a forklift accident go unanswered. Reach out to a forklift accident lawyer in Cape Girardeau today to learn more about your right to a personal injury claim after a forklift accident. Morelli Law Firm can help you secure the compensation you need to recover from your losses. You can request a free case evaluation today.