Crane accidents result both from human error and equipment malfunction. Unfortunately, because of the size and power of this heavy machinery, the potential for destruction when something goes wrong is significant. If you were harmed in a crane accident, you may be entitled to compensation from the liable party.
At the Morelli Law Firm, we are well aware of the damage that can be done in a crane accident. Our team of crane accident lawyers has the knowledge and experience you need to give you the best chance of recovering the compensation you deserve. Contact us today by phone or through our website to schedule a free case consultation with a member of our legal team.
Recoverable Damages Following a Crane Accident in Edwardsville
After suffering an injury in a crane accident, you will likely be eligible to recover a wide range of damages. The specific damages you can claim will depend on the circumstances of your accident and the extent of your injuries.
For example, if you were injured by a crane accident while operating the crane or working in the industry in which the crane was being used, you may be filing a workers’ compensation claim to recover damages. In this case, you will be ineligible to recover non-economic or punitive damages.
Economic Damages
All losses resulting from your accident that have a financial impact on your life fall into the category of economic damages. These damages include any money you were compelled to spend as a result of your accident. Furthermore, you can recover economic damages for any income your injuries prevented you from earning.
Economic damages are not limited to the losses you currently face. Instead, these damages can also be awarded for projected future losses. Some of the most commonly claimed economic damages in crane accident cases include:
- Medical expenses
- Future medical costs
- Lost income
- Lowered ability to earn income
- Property damage
Non-Economic Damages
Every other loss caused by your crane accident falls into the category of non-economic damages. While these damages may not have a financial impact, they tend to be far more significant on a personal level.
Because non-economic damages can rarely be easily replaced, the money awarded for these losses often accounts for the majority of the compensation an accident victim recovers. Some of the most commonly claimed non-economic damages in crane accident cases include:
- Emotional distress
- Pain and suffering
- Mental anguish
- Decreased quality of life
- Loss of consortium
- Permanent disability
Punitive Damages
Punitive damages are not available in most crane accident cases. These damages are not used to replace the losses suffered by an accident victim as with compensatory damages. Instead, they are used to punish the at-fault party for causing the accident to occur. A judge will only award punitive damage if the liable party intended to cause harm or was grossly negligent.
Modified Comparative Negligence in Illinois
Illinois uses a modified comparative negligence rule when determining fault after an accident. Under this rule, accident victims may still be entitled to recover compensation for their damages, even if they were partially to blame for causing the accident. However, they can no longer pursue a claim if they are more than 50% at fault.
If you hold a level of 50% or less responsibility for the crash, you can still recover damages. However, the amount you will receive will be reduced based on your level of fault. For example, if you were 20% to blame, and the total value of your damages was $100,000, you would only be able to recover 80% ($80,000) from the primarily liable party.
Edwardsville Crane Accident Lawyer Near Me 877-751-9800
Settling Vs. Going to Trial
Most crane accident cases end up settling out of court. Out-of-court settlements are popular because of the fact that they usually represent the best option for both parties.
An injury victim benefits from an out-of-court settlement by recovering compensation far more quickly than they would with a trial. Settling also allows them to avoid the unpredictability of a jury trial. While there is a potential to collect more compensation through a court ruling, it is rarely worth the risk of ending up with nothing.
For the defendant, a settlement also means reduced legal fees and avoiding unwanted press coverage that could potentially accompany a trial.
Pay Attention to the Statute of Limitations When Filing a Crane Accident Lawsuit
When filing a crane accident lawsuit in Illinois, injury victims have two years from the date of the accident to submit the required paperwork. Missing this deadline is likely to result in the loss of your right to claim compensation from the liable party.
However, you need to understand that the two-year deadline does not apply in all cases. Depending on the specific details of your situation, you may find that you have either more or less time to sue the at-fault party.
The best way to protect yourself and your right to claim compensation is by hiring an experienced Edwardsville crane accident lawyer shortly after suffering an injury. Your attorney can identify the deadlines that apply to your case and make sure all of the necessary paperwork is submitted on time.
Schedule a Free Consultation With an Experienced Edwardsville Crane Accident Attorney Today
The best way to ensure you recover the compensation you need and deserve after an accident is by hiring an experienced attorney. It is critical to choose a lawyer with a history of representing clients in cases similar to your own and a record of recovering favorable compensation in these cases.
At the Morelli Law Firm, our team of Edwardsville crane accident attorneys has helped secure significant compensation for our clients both through court rulings and out-of-court settlements. Contact us today by phone or through this website and schedule your free consultation with a member of our team.