Please ensure Javascript is enabled for purposes of website accessibility
Free Case Evaluation AVAILABLE 24/7

New York Forklift Accident Lawyer

Forklift Accident Lawyer in NYC

New York Forklift Accident Lawyer

At William Schwitzer & Associates, we have spent years building a strong reputation as top construction attorneys in New York City. Unlike many other law offices in the Big Apple, we don’t play both sides of the aisle. We represent only injured individuals against insurance companies and other big corporations. Our clients also turn to us when they need a forklift accident lawyer because we charge nothing until we win their cases.

What To Do After a Forklift Accident in NYC

Whether you suffer forklift injuries in a farm, construction, or warehouse forklift accident, your first priority is your health. Even if you believe you suffered no serious injuries, think carefully before waiving your rights to medical care or signing any paperwork. In fact, once you see to your health, call a forklift accident attorney right away.

Only a legal professional can advise you on how to move forward. This professional will need details specific to your case to provide the recommendations you need to protect your health, your job, and your finances.

Common Causes of New York Forklift Accidents

New York Forklift Accident

When you hire an attorney at William Schwitzer & Associates, we start by investigating what happened and why. One way we do this is by speaking directly with the injured forklift operator to get all the necessary details. You might not know why the forklift accident occurred, so we can work through a checklist to determine the most likely causes:

  • Machine malfunction due to poor maintenance or shoddy repairs
  • Lack of adequate operator training
  • Lack of adequate hazard warnings
  • Unstable or elevated load
  • Unsafe workplace layout
  • Overworking and exhaustion

Note that workers’ compensation works on a no-fault basis. Consequently, if you work for the company, the goal is not to determine whether you caused the accident and deserve compensation. Instead, our attorneys use this information to get a good idea of how your injuries occurred and to determine who to hold accountable. In some cases, you might have the opportunity to sue the manufacturer or repair company. You might also sue the company even if you do not work for it.

Common Injuries From Forklift Accident Injuries

Accidents involving heavy machinery can cause serious injuries or death to forklift operators. Consider these common potential injuries:

  • Concussion or other head injuries
  • Neck and spinal injuries
  • Ligament damage
  • Internal bleeding
  • Broken bones

The Process of Proving Negligence

If your forklift accident lawyer determines that you have a claim beyond workers’ compensation, then we get to work on identifying the responsible party. This claim may need to satisfy four main elements of personal injury:

  1. Duty of Care: William Schwitzer & Associates will work hard to prove that the responsible party, such as the manufacturer or someone else operating the forklift, had a reasonable duty of care.
  2. Breach of Duty: We then need to prove that the responsible party breached this duty of care, such as by creating a faulty product or failing to safely operate the forklift as you walked by.
  3. Connection to the Accident: Our forklift accident lawyers must draw a clear line between the breach of duty and the accident, such as parts failing prematurely or the operator texting.
  4. Losses Suffered: Our team must make a strong case for the losses you suffered as a direct result of the accident, such as long-term injuries, disabilities, or lost wages.

Potential Damages for You or Your Family

Whether the accident involved a warehouse forklift accident and regardless of who operated the forklift, you might become entitled to compensation. If your loved one did not survive the accident, some survivors in the family might file a wrongful death claim on his or her behalf. After hearing the case, the court might provide compensation for any or all of the following:

  • Lost wages or decreased ability to make an independent living
  • Medical bills, including future expected bills
  • Reduced quality of life
  • Physical therapy
  • Pain and suffering
  • Funeral expenses

Your Forklift Accident Attorneys in NYC

When looking for an attorney to help get compensation for forklift-related injuries, you need a professional and law firm with a record of excellence. Our attorneys routinely receive recognition for winning some of the top compensation judgements in New York City. While past performance does not guarantee future success, it offers a great starting point.

One of our biggest wins includes $8.4 million for a workplace negligence case. We also won $6.25 million for a construction accident case and $8.9 million for another construction case, which both involved falls. As you might notice, workplace and construction site cases represent some of our biggest victories for our clients.

At William Schwitzer & Associates, we win big for our clients by always putting them first. Contact us to schedule a consultation with your forklift accident lawyer

The Role of a Lawyer in NYC Forklift Accident Cases: What You Need To Know

Our forklift accident lawyers in NYC have assisted with numerous of these accident types. Unfortunately, they seem to be gaining prevalence, especially in areas like NYC with high frequencies of construction work. 

Issues like construction site safety and OSHA compliance have become hot topics in NYC over the last decade. A 2013 report revealed that jobsite accidents in NYC had jumped by 31% from the previous year, while jobsite injuries in NYC had increased by about 46%. Many companies in NYC that relied on forklifts started to take safety more seriously because of it.

Many of the same safety concerns that existed in 2013 remain, though, both in NYC and throughout the country. According to the U.S. Bureau of Labor Statistics, roughly 40,000 Americans are injured each year due to forklift-related injuries. Forklift injuries also cause around 75 deaths per year in U.S. workplaces. These statistics highlight the inherent risks that forklifts, also known as powered industrial trucks, pose.

OSHA continues to do its part to preach safe forklift operation to both companies that rely on forklifts and their employees. The organization frequently releases tips designed to help those who spend time working with forklifts to keep them safe. These tips include:

  • Follow a manufacturer’s instructions when operating a forklift.
  • Avoid exceeding the rated load for a forklift.
  • Steer clear of raising or lowering a load while a forklift is moving.
  • Use the horn on a forklift accordingly when driving it around.
  • Keep a forklift in excellent condition by properly maintaining it. 

But even when forklift operators adhere to this advice and aim to keep themselves and others safe while driving forklifts, accidents still happen. William Schwitzer & Associates is here to help those who sustain injuries during forklift-related accidents to file personal injury claims. Let us provide you with an experienced construction accident lawyer in New York City.

How To Choose the Right Forklift Accident Lawyer in NYC

How To Choose the Right Forklift Accident Lawyer in NYC

Proving negligence and liability following forklift accidents in NYC can be tricky. To strengthen your case, you should make sure you work with the right forklift accident attorney in NYC from the start. But with more than 50,000 personal injury lawyers throughout the country, tracking down an NYC forklift accident lawyer you can trust can be challenging.

Here are several steps you can take to locate a forklift accident lawyer in NYC you can rely on:

  • Generate a list of personal injury lawyers in NYC who handle forklift accident cases.
  • Look at how much experience NYC forklift accident lawyers have and find options who have worked on their fair share of forklift accident cases.
  • Contact forklift accident attorneys in NYC and ask questions about their experiences with representing those injured by forklifts.

Your goal should be to find a forklift accident lawyer in NYC who makes you feel comfortable from the beginning. Some forklift accident cases take a few years to play out, if not longer. You need to work with a lawyer willing to see your case through to the end. A lawyer from William Schwitzer & Associates can stand by you regardless of how long your forklift accident case takes.

The Benefits of Calling on an NYC Forklift Accident Lawyer for Help

From the moment you start working with a forklift accident lawyer in NYC to build your case, you’ll see the benefits that come along with having an attorney from William Schwitzer & Associates in your corner. Your attorney can answer any initial questions you have about filing personal injury claims and address concerns to alleviate stress and anxiety.

This is just one of the many benefits you’ll be treated to when you call on an NYC forklift accident attorney for assistance. Here are other benefits you can enjoy when you do it:

  • A lawyer can explain how the personal injury laws in NYC work and relate them to your specific personal injury case featuring a forklift accident.
  • A lawyer can respond to your phone calls and emails quickly to keep you updated on the progress made in your personal injury case.
  • A lawyer can advocate on your behalf as you attempt to recover from your forklift accident and the injuries it caused.
  • A lawyer can help you determine whether to file for workers’ compensation or hold your employer directly liable. 

These are just some benefits you can take advantage of when you sit down with an attorney from our practice and begin reviewing your forklift accident case. We’ll provide you with peace of mind and ensure you’re not overwhelmed as your case moves forward.

The NYC Statute of Limitations for Forklift Accident Cases

If you ever suffer injuries during a forklift accident, you’ll maintain the right to hire a forklift accident lawyer in NYC and file a lawsuit for quite some time. There is, however, a limit on how long you can take to pursue legal action against the responsible party in your forklift accident case. If you let the clock run out, you might miss your opportunity to secure forklift injury compensation and damages.

The statute of limitations for forklift accident cases in NYC is currently three years. You may not have the chance to take legal action in your forklift accident case if you wait longer than that to touch base with a personal injury attorney who can assist you.

You don’t need to contact an attorney within 24 hours of being involved in a forklift accident, as it’ll be important for you to seek medical attention and focus on restoring your health. But you also shouldn’t put off doing it for any longer than necessary.

We suggest you contact us within a few weeks of your forklift accident, even if you aren’t 100% sure whether or not you want to take legal action against those responsible for your accident yet. We can review your legal options with you and make sure you understand how to make a forklift accident claim.

FAQs

Do I need to hire a forklift accident lawyer to file a personal injury lawsuit?

Technically, you can file a personal injury lawsuit following a forklift-related injury without having to rely on a lawyer to help. You may put yourself in a tough spot by doing this, though, since you will need to know the ins and outs of personal injury law in NYC.

You may also be forced to communicate with and possibly even negotiate with lawyers for the responsible party in your case, and this could put you at a decided disadvantage during your legal proceedings. Hiring a lawyer to assist you is a much better idea.

How much does it cost to hire a forklift accident attorney?

Those injured in forklift-related accidents in NYC are sometimes concerned about the cost of hiring personal injury attorneys to represent them. You’ll be happy to hear that hiring a forklift accident attorney shouldn’t cost you anything upfront.

Your lawyer won’t collect any compensation unless they help you earn a settlement or judgment. This is referred to as a contingency fee, and this fee will be taken from any settlement or judgment in your case.

What can I do to help my forklift accident lawyer build my case?

You can help your forklift accident lawyer in NYC build a case related to your forklift accident by contacting them as soon as possible. You can also do it by saving any paperwork stemming from your forklift accident and gathering any evidence your lawyer requests. The more evidence you can send to your lawyer, the better.