Forklifts are heavy enough to cause devastating injuries in even the smallest accidents. No matter how severe your injuries are, a Baton Rouge forklift injury lawyer can fight for fair compensation.
If you work on a construction site, you likely know how dangerous a forklift can be, but that doesn’t mean you’ve ever expected to be hurt by one personally. Forklifts, which are known for being both heavy and slip-prone vehicles, can cause minor and severe injuries— including death.
If you find yourself the victim of such an accident, contact a Baton Rouge forklift accident lawyer at Spencer Calahan Injury Lawyers today.
Fault in a Baton Rouge Forklift Accident
It’s a common misconception that manual laborers, including construction workers, are only entitled to receive workers compensation benefits for their injuries. Many forklift accident victims in Baton Rouge may be able to recover additional compensation from their employers or other potentially liable parties.
To receive personal injury compensation, you have to prove negligence. One example of negligence would be allowing a minor— anyone under the age of eighteen— to operate a forklift, which is against the law. The same goes for any employee or contractor who is an adult but is not properly trained or certified to handle a forklift.
Legal Concepts That Affect Baton Rouge Forklift Injury Cases
Louisiana residents should be cognizant of the fact that forklift accidents are a type of personal injury case, meaning that the state’s relevant statute of limitations applies. The statute of limitations for personal injury cases in Louisiana is one year, meaning you will be given no longer than twelve months to file a claim or suit.
Another legal concept to become familiar with is the standard of comparative negligence, which allows multiple parties to be held liable in any given accident.
Should you be found partly responsible for your Baton Rouge forklift accident, your compensation may be decreased to the degree you’re deemed to be at fault (e.g., being found 25 percent liable would decrease your compensation by a corresponding 25 percent).
How Forklifts Can Cause Severe Injury
While most forklift accidents can be prevented with proper safety procedures, not everyone ends up so fortunate. Some common causes of forklift-related injury in Baton Rouge include the following:
Overturns – While forklift overturns are a leading cause of forklift-related death, you will still have to prove that your injury was not the result of personal carelessness. For example, a forklift operator who was texting at the time of an accident will likely see his or her compensation award diminished.
Non-Operating Injuries – If you’ve been hit by a forklift as a bystander, you will likely have a solid legal case for compensation.
Falls – Forklift operators and loaders can fall from the elevated vehicles if they move or stop suddenly, which can be the result of operator negligence or manufacturing flaws.
Compensation for Your Injuries
In addition to any injuries sustained, you will want to make sure to document all losses you’ve experienced because of your forklift accident in Baton Rouge.
Examples of losses that may apply to your case include medical expenses, lost income or earning potential, emotional distress, pain and suffering, loss of consortium, and loss of enjoyment of life.
Meet with a Baton Rouge Forklift Accident Attorney
If you’ve been injured in a forklift accident, there’s no telling what all consequences you may face, but help may be on the way.
For dedicated and assertive legal counsel, contact a Baton Rouge forklift accident lawyer at Spencer Calahan Injury Lawyers today. Dial 225-387-2323 or fill out the form below to request a free, no-obligation case review.