NEW YORK FORKLIFT ACCIDENT ATTORNEY
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Forklifts are widely used on construction sites, in warehouses, and in many other applications across New York. While they’re crucial to daily operations for many businesses, they can also cause accidents that often result in severe injuries.
Seeking legal guidance is crucial if you or a loved one has been injured in a forklift accident. Unfortunately, many insurers attempt to settle for unacceptably low amounts that may not cover injury-related costs, leaving injured victims facing heavy financial burdens.
That is where the experienced New York forklift accident attorneys at Chopra & Nocerino, LLP, step up to the plate. We can help you determine your legal options and fight for fair compensation to offset costs, as well as secure a measure of justice and accountability on your behalf. Visit our contact page to schedule your free consultation.
Chopra & Nocerino: Your Trusted New York Forklift Accident Lawyers
At Chopra & Nocerino, LLP, we proudly defend the rights of blameless injury victims in and around New York. We set ourselves apart from the pack by fighting tirelessly for our clients and treating them like family instead of just another case file. We understand the intricacies of forklift accidents and strive to provide compassionate legal counsel and representation to our clients and their families through some of the most difficult times in their lives.
Our experienced team is well-versed in New York forklift accidents and has secured hundreds of millions of dollars in verdicts and settlements for injury victims throughout New York. Our client reviews reflect our unwavering dedication to defending their interests and pursuing maximum compensation on their behalf. Read what they have to say:
- “Highly professional and hard working. Made my experience as seamless as possible. Handled everything for me, even scheduling appointments, etc. And my case had a great outcome!” – Alizeh H.
- “They were very professional and courteous throughout my case. I’m very satisfied with the outcome.” – David A.
- “I recently had the pleasure of working with Chopra & Nocerino, and I cannot thank them enough for the exceptional service that was provided to me.” – Paulette K.
When you’ve been injured, we step up to the plate. Our all-star team provides comprehensive personal injury legal services, from investigating the law and gathering evidence to building a solid case and navigating the ins and outs of the legal system in New York.
Steps to Take After a Forklift Accident in New York
The steps you take immediately following an accident can make all the difference in the world, both for your physical recovery and your right to recover compensation for your injuries and losses. If you were in a forklift accident, take these steps:
- Get to safety – If you can, move out of the way to avoid further injury. Notify your coworkers you need assistance if you cannot move and ask them to call 911.
- Seek medical attention – Be sure to get medical care as soon as possible, even if you don’t think your injuries are serious. Some injuries, such as concussions and internal bleeding, can be difficult to detect and may only show symptoms several hours or days after an accident.
- Report the accident – Report the accident to your supervisor or the appropriate higher-ups, as well as the relevant legal authorities. Document the date and time you reported the incident to your employer or the name of the person who accepts the report on their behalf.
- Gather evidence – When safe to do so, gather as much evidence as possible, including witness statements, contact information, photos from the scene, and documentation of your injuries.
- Talk to a lawyer – Talk to an experienced forklift accident attorney in New York as soon as possible. Your lawyer can help you determine your next steps and pursue compensation from the responsible party.
FAQs About Forklift Accident Claims in New York
The aftermath of a serious accident can be disorienting even for the best of us. Understandably, our personal injury clients normally come through our doors with many questions. We answer a few of the most common ones regarding forklift accident injury claims below. Our attorneys are standing by to address any remaining questions or concerns you may have in your free consultation. Do not hesitate to reach out.
1. Are There Limits on the Compensation Available for Forklift Accident Victims in New York?
Unlike many states, New York places no cap on the damages forklift accident victims can recover. Our skilled New York forklift injury lawyers can help you pursue maximum compensation.
2. How Long Does It Take to Receive Compensation After Filing a Forklift Accident Claim in New York?
The timeline of personal injury cases is highly variable. Some claims are resolved quickly if you receive a fair settlement offer from the insurer. Settlement negotiations can take as little as a few weeks and as long as a few months.
However, if you do not receive a reasonable offer, our team can take your case to court to pursue full and fair compensation. This can significantly extend the timeline of your case. However, it is often worth the wait since the amount you can secure in court may far exceed anything you are likely to recover through negotiation.
3. Can Family Members File a Forklift Accident Claim if the Victim is Killed?
If you lose a loved one in a forklift accident, you may pursue compensation to hold the responsible party accountable through a wrongful death lawsuit. In New York, a decedent’s personal representative can seek compensation for the wrongful act, neglect, or default that caused their death.
Forklift Accidents in New York: Understanding Common Causes and Injuries
In 2020, there were 7,290 injuries and illnesses caused by forklift accidents in the United States. Further, 70 people died in forklift-related incidents during 2021. Read on to learn about some of the most common causes of these accidents and their associated injuries.
Common Causes of Forklift Accidents
Forklifts are normally used in very dynamic and hazard-ridden environments, like construction sites, for example. Therefore, it can be difficult to generalize about all the possible forklift scenarios that may give rise to an accident and injuries. That said, common causes of forklift accidents we see in our personal injury practice include:
- Mechanical failure
- Inadequate training
- Faulty equipment
- Sight restrictions
- Improper turning
- Unbalanced or poorly secured cargo
- Lowering forks
Common Injuries Sustained in Forklift Accidents
Injuries sustained in forklift accidents can range from minor to fatal. Some of the most common we see include:
- Sprains, strains, tears, and bruises
- Broken and fractured bones
- Cuts and puncture wounds
- Amputations and permanent disfigurement
- Traumatic brain injuries
- Spinal cord injuries
- Internal bleeding and organ damage
New York Forklift Accident Laws
New York law articulates various forklift regulations, including a shared and generalized responsibility to operate forklifts safely. Additionally, the state requires competent management to ensure different aspects of safe forklift operation, including observing all traffic laws, maintaining a clear view of the path ahead, and a strict prohibition against reckless operation.
The Occupational Safety and Health Administration, more commonly known as OSHA, also sets forth wide-ranging safety standards at the federal level. For example, workers must be trained and certified to operate a forklift. Further, operators must wear a seatbelt if their forklift has one, and the load should never exceed the prescribed maximum.
In New York, employees have the right to a safe workplace. By law, employers must provide their employees with working conditions free of known hazards. If you’re injured on the job in a forklift accident due to another person’s carelessness or recklessness, you can pursue legal compensation and accountability,
How Much Money Can You Get Through a Forklift Accident Claim?
The amount of money you can recover after a New York forklift accident will depend on numerous factors specific to your situation, including the severity of your injuries and the likelihood of a full recovery.
Most forklift accident victims can pursue two types of compensation: economic and non-economic damages. Economic damages cover the quantifiable expenses associated with your injury, including medical bills, lost wages, and lowered earning capacity. By contrast, non-economic damages focus on aspects of your injuries and losses that are not quantifiable in this way. They cover things like pain, suffering, and lowered quality of life.
Punitive damages may also be available in select cases. However, courts rarely award this type of compensation. That is because it is intended as punishment in cases involving extreme misconduct on the part of defendants.
Do Not Wait to Consult with the Forklift Accident Lawyers at Chopra & Nocerino, LLP
The injuries associated with forklift accidents can be severe and require extensive medical care. Between dealing with steep medical bills and lost wages, the financial burden can quickly become overwhelming at a time when you should be focusing on your recovery.
With the help of our skilled New York forklift accident attorneys, you can pursue compensation to offset the financial stress, as well as secure a measure of justice and accountability. The compassionate, experienced team at Chopra & Nocerino, LLP, is ready to help.
There is no charge to have your case reviewed by one of our skilled personal injury attorneys. Visit our contact page to schedule your free consultation. Further, because we take cases on a contingency fee basis, you pay nothing unless we secure compensation on your behalf.
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