Forklift Accident Lawyer

How a Forklift Accident Attorney in Charlotte Works for You

When you have Sumwalt Anderson on your side, our forklift accident attorneys start working for you immediately. We will:

• Meet with you to discuss how the accident happened, evaluate what type of case you may qualify for and determine what a fair settlement would be
• Investigate the accident scene and gather evidence such as surveillance videos, and police and medical reports
• Interview witnesses and first responders
• Make sure all paperwork is filed correctly
• Hire experts to reconstruct the accident and to testify as to the extent of your injuries and the suffering you are undergoing
• Represent you at any hearings before the North Carolina Industrial Commission
• Negotiate with insurance companies and their attorneys for a fair settlement
• Prepare your case and argue on your behalf if a claim goes to trial
• File any appeals.

Whether fighting for compensation through workers’ compensation or pursing a lawsuit, our forklift accident lawyers will be there for you throughout the entire process, answering your questions and keeping you informed.

Forklift Accident Lawyer Knows Workers’ Compensation

The North Carolina Workers’ Compensation Act generally requires that businesses that employ three or more employees obtain workers’ compensation insurance or qualify as self-insured employers. If you have been injured in a forklift accident while on the job and your employer carries workers’ comp, you may be entitled to the following benefits under workers’ comp:

• Wage loss benefits that cover any periods of time that your doctor says you cannot work or assigns work restrictions that your employer cannot accommodate
• Payment of your medical bills related to your injury
• Payment for a permanent injury
• Reimbursement for mileage to and from doctors’ appointments for trips that are over 20 miles roundtrip
• Vocational rehabilitation, if you haven’t been able to return to work at 75% or more of your pre-injury wages
• Death benefits and funeral expenses if death occurs as a result of a work injury or illness. The surviving spouse, children, or other dependents may receive death benefits and up to $10,000 for burial expenses.

However, since workers’ comp is insurance, and paying out benefits is costly to both employers and insurance companies, they will attempt to deny or minimize claims whenever possible. In addition, North Carolina law can make it difficult to get benefits since employers and their insurers don’t have to pay for on-the-job injuries unless a worker was hurt as the result of an “accident.” Insurance companies may utilize this law to deny benefits on grounds that an employee was hurt while doing their normal job, not from an accident.

Our attorneys are aware of these tactics and how to combat them. We will make sure you know what to say and do to prevent hurting your case, ensure that you fill out all workers’ comp forms correctly and in a timely manner, investigate, and gather evidence and all relevant work and medical records to increase the chances of winning optimum benefits.

If you can go beyond workers’ comp and file a lawsuit for your forklift accident, we are fully prepared to handle that as well.

When You Can File a Forklift Injury Lawsuit

There are many situations where it is possible to file a lawsuit for your forklift injuries. If your employer does not participate in workers’ comp, if you are an independent contractor, if your injuries were caused by intentional acts of the employer, or if another party’s negligence has played a role in your accident, you may be able to go beyond workers’ comp and sue for compensation greater than what workers’ comp provides.

In a successful lawsuit, you may receive a damage award that covers compensatory damages for both your economic damages and your less tangible noneconomic damages.

Economic Damages – are for monetary costs that can be calculated, such as:

• Medical, rehabilitation, and continuing care bills
• Lost wages and lost future wages
• Property damage.

Non-Economic Damages – do not have a specific dollar value, but negatively impact your life, and may include:

• Pain and suffering
• Emotional anguish and mental stress and anxiety
• Loss of enjoyment of life
• Loss of consortium.

Punitive Damages

In addition, in some rare situations, North Carolina law allows punitive damages, which are meant to punish egregiously wrongful acts and serve to deter such acts from happening again. In North Carolina, punitive damages cannot exceed the greater of three times the amount of compensatory damages or $250,000.

There is a wide range of damage awards you may receive in a successful forklift accident lawsuit, from the thousands to millions of dollars, depending on the factors involved. Consideration is made for the costs you incurred, the extent and permanence of the damages you received, lost earnings and whether you will be able to return to work, and the amount of suffering involved. Be sure to save documents such as your medical and therapy bills, past pay stubs, and receipts for all care and expenses to be used as evidence. Since pain and suffering can be compensated in North Carolina, keep a journal and take photographs and videos to document how the injuries have negatively impacted your life.

What is the Biggest Cause of a Forklift Accident?

When Negligence Causes a Forklift Accident

Negligence is the No. 1 cause of forklift accidents. While some causes of forklift accidents are the fault of an individual forklift operator, negligence on the part of the employer or someone else on the worksite is often involved. Examples of negligence include:

• Failure of employers to provide sufficient training on safety or follow OSHA safety requirements
• Dangerous conditions in a warehouse that are not repaired
• Failure to do routine maintenance and upkeep on the forklift
• Third-party actions, such as a crash caused by careless driving.

Our Sumwalt Anderson forklift accident attorneys know when negligence caused your injuries and how to prove it. To win your case, we must show the following elements legally exist:

• Duty: The defendant in the case had a duty not to cause harm.
• Breach: The defendant breached this duty through actions or failure to act.
• Cause: This breach caused the accident that led to your injury.
• Damages: You suffered damages as a result.

Our forklift accident attorneys will carefully investigate your case to identify all negligent parties and hold them accountable as defendants in the case, as they all may have insurance or assets that can go toward a settlement. Call today at (704) 377-3770.

Forklift Accident Attorneys Answer FAQs

After a forklift accident, it’s natural to have many concerns and questions. These are best addressed in your free consultation, but to get started, here are some answers to questions our clients often ask:

What to Do After a Forklift Accident

After a forklift accident, if you are able, you should immediately report the accident to your employer or supervisor, so there is proper documentation of what happened. You should seek medical attention and follow your doctor’s treatment plan. Get contact information for any witnesses; document all your injuries, your costs, and your symptoms; and preserve any evidence. Speak to a work-injury lawyer and get legal help as soon as possible to determine whether you have a workers’ comp claim or grounds for a personal injury lawsuit and to prevent making mistakes that could cost you your benefits.

Call Our Forklift Accident Attorneys for Help

At Sumwalt Anderson, we know North Carolina law, the judges, and the system, and we have the resources necessary to achieve successful outcomes for our clients. We handle all the paperwork, processes, and legal hurdles required with your forklift claim, so you can concentrate on your recovery. Our attorneys have the reputation of not settling claims until our clients have been paid what they are entitled to.

We strive to provide superior representation tailored to the specific needs of each client, and we always treat our clients, adversaries, and professional peers with dignity and respect. We will be there to answer your questions and concerns throughout the process.

We offer a free consultation, and you pay nothing unless and until we win your case. Call us today at (704) 377-3770 so we can get started working for justice and the settlement you deserve while evidence is fresh and witnesses can be found.