Why Choose The Sanders Law Firm for a Forklift Accident Case?
Since 1967, The Sanders Law Firm has stood up for injured New Yorkers, fighting powerful insurance companies and building a legacy of results. Forklift accidents involve complex liability questions, corporate bureaucracy, and aggressive insurance tactics. We counter this with a large team of trial-ready attorneys, in-house medical consultants, and an expansive network of investigators and expert witnesses. We have the financial resources to build powerful cases while supporting our clients every step of the way.
We believe that every injured person deserves quality legal advocacy, regardless of their background. Our firm provides multilingual support to assist injured New Yorkers facing language barriers, including clients who are not U.S. citizens. Our forklift accident lawyers in New York offer clear, transparent communication throughout the legal process, handling the legal legwork so you can focus on your physical recovery.
Excellent experience with Sanders law representing me
Gary Novins is the go to guy. Working diligently and strategically to build and resolve a case, often working on his own personal time to make sure all bases were covered, and nothing was overlooked. Timely responses to all of my questions, and straight answers with no bs. A true professional who gets the job done. The office team was generally helpful and knowledgeable as well… All in all a well put together group…
Hammer J.
What Causes Forklift Accidents in New York?
Forklifts are massive pieces of machinery. When safety protocols fail in busy New York warehouses, construction sites, factories, and loading areas, victims often face life-altering consequences. Common causes of workplace forklift accidents include:
- Forklift rollovers caused by sharp turns or uneven surfaces
- Workers struck by forklifts due to blind spots or operator inattention
- Loads falling from forklifts and crushing nearby workers or pedestrians
- Forklift collisions with other vehicles, heavy equipment, or structures
- Improperly loaded or unsecured materials that shift during transit
- Inadequate training or negligent supervision of operators
- Defective or poorly maintained braking, steering, or hydraulic systems
- Unsafe workplace conditions, such as cluttered aisles or poor lighting
Identifying the root cause of the accident is the first step in determining who can be held legally responsible for your injuries.
Who Can Be Responsible for a Forklift Accident?
Determining liability in a forklift accident typically requires an in-depth investigation because multiple parties may share responsibility. Depending on the unique circumstances of your accident, liable parties may include:
- Property owners or site operators who allowed hazardous conditions to persist
- General contractors or subcontractors who failed to coordinate safe site traffic
- Forklift manufacturers, if a design or manufacturing defect caused a mechanical failure
- Equipment rental companies that supplied faulty or uninspected machinery
- Maintenance or repair companies that failed to service the forklift properly
- Other negligent third-party businesses or independent contractors on-site
Because New York workplaces are often crowded with multiple companies working side by side, a thorough investigation is critical to uncovering all available sources of insurance coverage. Our forklift accident attorneys in New York will handle the investigation and gather the necessary evidence to establish fault.
What If I’m Partially at Fault for My Forklift Injuries?
Sharing partial blame does not automatically bar you from recovering compensation. Under New York’s comparative negligence law, you can still recover damages in a third-party negligence claim if you are partially at fault. However, your damages award may be reduced by your share of fault.
For example, if a maintenance company failed to repair a forklift’s brakes, but you also turned too sharply, a jury might find you 20% at fault. If your damages total $100,000, your negligence award would be reduced to $80,000, before any workers’ compensation lien.
Insurance companies may shift blame to pay as little as possible, but we’re here to protect your rights. Our attorneys push back against unfair adjusters and fight for the full compensation your claim supports.
We Have Your Back
Founded in 1967, The Sanders Law Firm has grown into a large, thriving organization of attorneys, paralegals, medical consultants, and support staff – all committed to providing the highest level of legal representation to injured New Yorkers.
What Compensation Can I Recover After a Forklift Accident?
Serious forklift injuries can lead to substantial long-term financial and personal losses. A third-party personal injury lawsuit allows you to pursue different types of compensation that the standard workers’ comp claim does not provide.
You may be entitled to economic damages, which are the financial losses caused by the accident. Examples include:
- Current medical expenses
- Cost of future medical care
- Lost wages and diminished earning capacity
- Specialized rehabilitation and home modifications
- Cost of household support while you recover
You may also be able to pursue non-economic damages, which compensate for the subjective suffering you’ve experienced due to the forklift accident. This may include:
- Physical pain and suffering
- Emotional distress and mental trauma
- Loss of enjoyment of life
- Permanent scarring or disfigurement
- Loss of consortium
Can I Get Compensation From a Third Party After a Forklift Accident at Work?
If you were injured on the job, it’s crucial to understand the difference between workers’ compensation and a third-party personal injury claim. Workers’ compensation is a no-fault system that provides basic benefits for medical care and a portion of lost wages. However, it bars you from suing your employer and does not cover your pain and suffering.
A third-party claim is a separate lawsuit filed against a negligent party, such as a property owner, contractor, or equipment manufacturer. With a third-party claim, you can pursue compensation for all the ways you’ve suffered, including lost wages and non-economic damages for your pain and suffering.
Identifying all potentially responsible parties can maximize your options for recovery, though qualifying for these additional damages depends on proving third-party negligence. Speak with our New York personal injury lawyers to see if you qualify to bring a legal claim after a forklift accident.
How Long Do I Have to File a Forklift Accident Claim in New York?
In New York, the deadline to file a third-party personal injury lawsuit is generally three years from the date of the accident. Workers’ compensation has separate deadlines: You generally must report the injury to your employer in writing within 30 days and file a claim with the Workers’ Compensation Board within two years. If you receive workers’ compensation, waiting to sue a third party could also allow the insurer to take over that claim after giving you the required notice. If you have a claim against a municipality, you may have only 90 days to serve a Notice of Claim and generally one year and 90 days to file suit. Other government claims may follow different rules.
With these deadlines, it’s important to take action early. Waiting too long could mean losing your right to pursue compensation. It can also make it harder to secure time-sensitive evidence. Construction sites change, physical evidence disappears, security footage is overwritten, and witness memories fade. Speaking with an attorney right away can help protect your rights.
How Can The Sanders Law Firm Help With a Forklift Accident Claim?
While other firms may try to settle claims quickly, The Sanders Law Firm takes a more deliberate, litigation-forward approach. We move cases forward and prepare them for trial, giving us leverage when negotiating with insurance companies. Adjusters know we’re ready to go to court if they don’t make a fair offer.
When you work with us, our comprehensive legal services include:
- Investigating the accident and gathering physical evidence
- Reviewing workplace, equipment, maintenance, and accident records
- Identifying all potentially responsible third parties
- Working with independent investigators and appropriate industrial experts
- Consulting medical professionals regarding the extent of your injuries
- Calculating and documenting your current and future losses
- Managing all communications and negotiations with insurers
- Pursuing a settlement or filing a lawsuit to prepare for trial
You are not in this alone. We’ll take care of the legal and administrative work, so you can focus on healing and getting your life back on track.
Get a Free Consultation With a New York Forklift Accident Attorney
If you or a loved one suffered injuries in a forklift accident, The Sanders Law Firm is large enough to handle complex cases yet structured to provide the personalized attention you deserve. We operate on a contingency-fee basis, so you pay nothing unless we win a settlement or verdict for you. Our multilingual team is available to assist with your claim. Call (833) SANDERS or contact us online to schedule your free, confidential case review.