When a crane accident occurs, the resulting damages can be extreme. These machines are able to cause extensive harm due to their massive size and power. The two most common reasons for a crane accident are human error and equipment malfunction. If you suffered injuries as a result of a crane accident, you could be entitled to compensation.
If you were involved in a crane accident, chances are high that you are dealing with a serious injury and a growing list of medical expenses. Securing compensation from the liable party can be an essential step on the road to recovery. At the Morelli Law Firm, our Marion crane accident attorneys have a long history of collecting favorable compensation for our clients.
Contact us today through our website or by giving us a call and schedule a free consultation with a member of our legal team.
Damages Available Following a Marion Crane Accident
Following a crane accident, there are several types of damages you will likely be able to claim. Determining which damages apply to your case will depend on the specific details of your accident and the extent of the damages you suffered.
For example, if you were on the job at the time of the accident, your only option for recovering compensation may be through a workers’ comp claim. In this case, you would only be eligible for economic damages. Meanwhile, if you are filing a personal injury lawsuit, you can also claim non-economic damages and may be entitled to punitive damages.
Economic Damages
Any monetary losses resulting from your accident are considered economic damages. Included in this category is any money you were forced to spend because of your accident as well as any income you were prevented from earning. Economic damages are not limited to the losses you currently face. Instead, you can also recover economic damages for projected future losses.
Among the most often recovered economic damages in crane accident cases are:
- Property damage
- Medical expenses
- Future medical bills
- Lost income
- Lowered ability to earn
Non-Economic Damages
Any other loss caused by your crane accident is considered a form of non-economic damage. Rather than hurting your bank account, these damages tend to cause harm of a far more personal nature.
Because non-economic damages are typically profound and irreversible, the compensation awarded for these losses tends to be significant. Among the most often recovered non-economic damages in crane accident cases are:
- Decreased quality of life
- Loss of consortium
- Mental anguish
- Emotional distress
- Pain and suffering
- Permanent disability
Punitive Damages
In most crane accident cases, punitive damages will not be available. Unlike compensatory damages, punitive damages are not used as a means of replacing the losses endured by accident victims. Instead, punitive damages are meant to punish the at-fault party in cases involving gross negligence or intentional harm.
Be Mindful of the Statute of Limitations When Submitting Your Crane Accident Lawsuit
When filing a crane accident lawsuit, it is essential that you pay attention to the personal injury statute of limitations for the state in which you are filing. In Illinois, injury victims have two years to file a lawsuit against the liable party. If you miss this filing deadline, it will likely result in losing your right to claim compensation.
However, you must realize that this two-year cutoff is subject to change in certain situations. Depending on the details of your case, special circumstances may extend the amount of time you have to file. Alternatively, you could find that your filing time is reduced.
The best way to be sure of the deadline that applies to you and avoid losing your right to pursue damages is by hiring an experienced attorney shortly after your accident. Your lawyer can review your case to determine your filing deadline and ensure that all paperwork is submitted in time.
Marion Crane Accident Lawyer Near Me 877-751-9800
Illinois Uses a Modified Comparative Negligence Rule
Illinois uses a modified comparative negligence rule when determining fault after an accident. This means that accident victims can still recover compensation even if they share a portion of the fault for the accident. However, they are only eligible to claim damages if their level of fault is 50% or less.
Furthermore, the compensation that can be collected is reduced proportionately to the level of blame held by the injury victim. For example, if your case is worth $100,000 and you held a fault level of 30%, the money you could recover would be reduced by that percentage, leaving you eligible to receive $70,000 in damages.
Should I Settle or Take My Case to Trial?
Deciding on whether to take a settlement deal or go to trial is an important decision. Most crane accident cases are resolved through out-of-court settlements because they are generally in all parties’ best interests.
For an injury victim, an out-of-court settlement means a quicker resolution to their case resulting in collecting the compensation they need far sooner than they would through a court ruling. A settlement also means avoiding the unpredictability that goes along with a jury trial. While there is the potential for a higher payout by going to court, the risk is rarely worth the reward.
A settlement offers the defendant the additional benefit of paying less in legal fees. On top of that, avoiding a trial can help minimize any unwanted media coverage.
Get a Free Consultation From a Crane Accident Attorney in Marion
Hiring a lawyer with experience handling cases like yours will greatly increase your chances of getting the money you need. You want to ensure that you choose an attorney with a proven track record of securing favorable outcomes for their clients in these types of cases.
At the Morelli Law Firm, we have a long history of helping accident victims recover fair compensation, both through court-ordered payouts and out-of-court settlements. Contact us today by completing our online contact form or giving us a call and schedule a free consultation.