Forklifts are powerhouse tools in construction and storage, helping to move heavy items quickly. But, accidents happen, and they can lead to serious injuries or worse for those operating or working near them.
If you’re involved in a forklift accident lawsuit, it’s critical to know what steps you can take next, including understanding your financial support options, such as legal funding for injured workers.
Understanding Forklift Accident Lawsuits
Believing that workers’ compensation is your only option after a forklift injury is a common misconception. In fact, you may have the right to pursue a lawsuit for negligence against parties beyond your employer, such as:
- The forklift manufacturer,
- The company responsible for maintaining the forklift,
- The property owner where the accident occurred.
When filing a lawsuit after a forklift accident, you’re essentially making a third-party case that someone else’s negligence led to your injuries. This lawsuit is typically filed in the state and county where the incident happened. You’re essentially asking for money (forklift injury compensation) either through an agreement (settlement) or a decision made in court (verdict). The goal is to cover your injuries and any related losses resulting from the accident.
Premises Liability and Forklift Incidents
Forklift mishaps aren’t limited to warehouses; they can occur anywhere these machines are used. If a property owner’s negligence leads to an accident, you could pursue a lawsuit against them. This requires proving the owner knew of a danger on the property but failed to fix or warn about it in time.
Product Liability and Forklifts
Defective forklifts or their parts can also lead to accidents. In these situations, you could file a product liability lawsuit against the manufacturer. You’ll need to show the forklift was defective, used as intended, and directly caused your injuries and losses.
Supporting Families After a Fatal Forklift Accident
Losing a loved one in a forklift accident is devastating. In such cases, you could file a wrongful death lawsuit to seek damages for medical and funeral costs, lost future income, and the loss of love and companionship.
Key Factors for a Strong Forklift Accident Lawsuit
A strong forklift accident lawsuit typically relies on several critical factors that contribute to its potential success. Here are the key elements:
- Clear Evidence of Negligence. Proof that the forklift driver, the company owning the forklift, or another party failed to act with reasonable care or violated safety protocols, directly leading to the accident.
- Well-Documented Injuries and Damages. Comprehensive medical records and documentation illustrating the extent of the injuries sustained from your accident and the impact on your life, including medical treatments and rehabilitation.
- Witness Testimonies. Statements from individuals who witnessed the accident can provide valuable insights into how the incident occurred and help establish fault.
- Video or Photographic Evidence. Any footage capturing the accident, from surveillance cameras or personal devices, can serve as compelling evidence to support your case.
- Evidence of Unsafe Working Conditions or Equipment Failure. Information showing that the forklift was malfunctioning or that the working environment was unsafe, and thus, contributed to the accident.
- Compliance with Filing Deadlines. The lawsuit has to be filed within the statute of limitations.
- Lack of Proper Training or Certification. Demonstrating that the forklift operator lacked the necessary training or certifications required for safely operating the machinery.
Recovering Damages Beyond Workers’ Compensation in Forklift Accident Lawsuits
If a forklift accident leaves you seriously injured, workers’ compensation may not fully address your financial needs. Filing a lawsuit against third parties other than your employer can offer a pathway to securing compensation for various damages, including:
- Immediate and ongoing medical expenses
- Lost income and diminished future earnings
- Rehabilitation and therapy costs
- Compensation for lifelong injuries or disabilities
- Emotional distress and physical pain not covered by workers’ compensation.
Common Injuries from Forklift Accidents
Forklift accidents can lead to severe and sometimes fatal injuries because of the power and size of these machines. The most common injuries seen in emergency rooms include:
- Crushed Limbs. Arms or legs getting caught and compressed by the forklift.
- Amputations. Fingers or limbs pressed or rolled over, leading to amputation.
- Broken Bones. The force of a forklift’s impact can easily break bones.
- Spinal Cord Injuries. Accidents involving forklifts can damage the spinal cord, potentially causing paralysis.
- Traumatic Brain Injuries (TBIs). Head injuries from forklift accidents can be life-altering, leading to TBIs.
These injuries can drastically change a person’s life, limiting their mobility and affecting their ability to carry out daily activities. Often, it’s not just the forklift operators at risk but also nearby workers or bystanders who might get injured due to cluttered aisles, improperly stacked items, or staff negligence.
The risk of death in forklift-related accidents is alarmingly high, accounting for one in six of all workplace fatalities in the United States. Between 2011 and 2017, a total of 614 individuals died in accidents involving forklifts, and there were over 7,000 yearly cases of nonfatal injuries that required days off from work, according to the US Bureau of Labor and Statistics.
How Pre-Settlement Funding Provides Emergency Financial Assistance for Accident Victims
Pre-settlement funding for forklift accident lawsuits provides financial assistance to individuals awaiting the resolution of their legal claims. If you’ve been injured in a forklift accident and are in the midst of a lawsuit, this type of funding offers you a cash advance on the anticipated settlement or judgment from your case.
So, who could benefit from this? Generally, it’s injured lawsuit victims who find themselves in a financial crisis due to mounting medical bills, loss of income, and other immediate expenses stemming from the forklift accident.
One of the standout features of this funding is that it doesn’t require a credit check or employment verification. It’s a non-recourse loan, meaning you’re only obligated to pay it back if you win your case, offering a layer of financial security.
Here’s a quick overview of how it works:
- Application. You apply for funding through a legal funding company like Baker Street Funding. To qualify for a lawsuit loan, you’ll need an attorney and a strong forklift case, with claims typically valued at over $50,000.
- Case Review. Our underwriters then review the details of your case with your attorney. This assessment includes the severity of your injuries, the circumstances of the accident, and the expected settlement or verdict value of your lawsuit.
- Approval and Funding. If your case qualifies, our team provides you with a funding agreement to sign in conjunction with your attorney. This amount is based on the estimated value of your future settlement or award. Your funds are disbursed hours after the legal funding contract is complete.
- Repayment. Non-recourse lawsuit loans for forklift accident claims are non-recourse, meaning you only repay the advance if you win your case or secure a settlement. If your accident lawsuit does not result in compensation, you won’t owe us any of the money you took out.
Some of the types of funding we provide include:
- Heavy Machinery Accident Funding
- Construction Accident Loans
- Product Liability and Forklifts Funding
- Wrongful Death Accident Financing
Apply with Baker Street Legal Funding Today
Dealing with the aftermath of a forklift accident can be financially draining, especially when waiting for a personal injury lawsuit that’s taking months or years to conclude. This prolonged process can exacerbate your financial woes, making it hard to cover medical expenses or compensate for lost wages during recovery. This is a reality many victims of workplace accidents face, where the financial toll of someone else’s negligence weighs heavily on their shoulders.
In such trying times, Baker Street Funding offers a lifeline through Forklift Accident Lawsuit Loans. We provide the financial support you need, often within just a few hours of approval. Our funding isn’t your typical loan but rather a non-recourse advance, which means if your lawsuit doesn’t result in a settlement or award, you owe us nothing.
Our settlement funding rates are competitive, transparent, and capped at three years, so that you don’t have to face additional financial pressure over time. Whether you’re the one injured in a forklift accident or a loved one dealing with the fallout from a tragic incident, Baker Street Funding is here to help you start on the journey to financial stability while you fight for your rights.
Let our pre-settlement funding experts guide you through your options and help ease the financial strain as you await the resolution of your lawsuit. Reach out to Baker Street Funding today to take the first step toward regaining control over your financial future.