Forklift Accident Injuries

Common Causes of Forklift Accidents

Estimates indicate that thousands of people sustain injuries from forklift accidents every year. Forklifts, or powered industrial trucks (PIT), can be dangerous when the operator is unaware of how to use them or when they are defective. Commonly, accidents occur as a result of the forklift tipping over, unsafe driving, and falls from a forklift. Many tipping accidents occur when unloading and loading a forklift. According to the Occupational Safety & Health Administration (OSHA), 25 percent of all forklift deaths occur because a forklift tipped over and crushed a person beneath it.

OSHA attributes forklift accidents to the failure to follow safety procedures, insufficient training of operators, and the failure to enforce safety rules. Consequently, OSHA has implemented safety standards that require all forklift operators to receive training and to become certified prior to operating a forklift.

Receiving Workers' Compensation for a Forklift Accident

A forklift injury that occurs at a workplace, may entitle the injured worker to workers' compensation. Most states require employers to purchase workers' compensation insurance. Workers' compensation provides injured workers with benefits, such as medical treatment, job displacement benefits, permanent disability, and death benefits. These benefits are provided regardless of whether the employer or the employee is at fault. In exchange for the benefits provided an injured worker, an employer receives protection from a future lawsuit brought by the employee. If a worker dies because of the work-related injuries, death benefits may be available to eligible family members.

Bringing a Personal Injury Lawsuit

A worker may file a legal action against a third party that bears some responsibility in the accident. Possible third party defendants include the landowner, the general contractor of a construction site, and the forklift manufacturer. Civil courts hear personal injury claims, which must be brought within the time specified by the state.

Premises Liability of the Land Possessor

Landowners and occupiers owe a duty to make sure a property is safe. A forklift accident that occurs because of an unsafe condition on the property may create a cause of action against the landowner or the person in possession of the property. A landowner does not always possess the land. The land possessor is the person who has control over the property. The law imposes this responsibility because the person in possession of the land can easily discover dangerous conditions on the property. Consequently, a worker injured by a forklift at a construction site may have a cause of action against the general contractor, a subcontractor, or the person in charge of the construction site.

Negligence of a Third Party

While a worker may not bring a legal action against an employer if workers' compensation benefits are available, a person injured by a forklift may initiate a negligence claim against a third party responsible for their injuries. Negligence refers to a person's failure to act as a reasonable person would in a similar circumstance. A successful claim may result in damages for pain and suffering, and past, present, and future medical care and loss of earnings.

Products Liability for a Defective Forklift

Sometimes a forklift accident is the result of a defective part or forklift design. When this occurs, a person may have a legal claim for products liability against the manufacturer of the forklift. The theory of products liability imposes tort liability on the manufacturer or seller of a product that causes injury to a buyer, user, or bystander.

Most products liability actions rely on strict liability as the basis for the claim. Unlike a negligence claim, it is unnecessary to establish a defendant's fault. It is instead necessary to show that the forklift had an "unreasonably dangerous" manufacturing or design defect, the defect caused the plaintiff's injuries, and the product did not undergo any substantial changes from its original condition. A manufacturing defect is a defect that occurs during the manufacturing process, while a design defect refers to a poorly designed product.

Wrongful Death

If a forklift causes a person's death, the decedent's personal representative may bring a wrongful death action to recover compensation. The intent of a wrongful death action is to provide monetary compensation to a decedent's relatives. Most states allow a personal representative to file a claim on behalf of the decedent's spouse or children. Some states allow the parents of an unmarried decedent to recover damages.

State law governs wrongful death actions. Most require proof of three elements: the defendant's conduct caused the decedent's death, the defendant's actions amounted to negligence or intentional wrongful conduct, and the eligible family members and / or the DCE have incurred monetary damages because of the decedent's wrongful death. A plaintiff may recover non economic damages, such as compensation for loss of support, loss of anticipated earnings, and loss of consortium.

For information on wrongful death lawyers & attorneys, visit the Philadelphia law firm website FeldmanShepherd.com.

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Mark Hirschbeck's Fight For Justice Could Impact Thousands

On Tuesday, March 31st 2009, former Major League umpire Mark Hirschbeck joined others harmed by dangerous medical devices and their families in Washington, D.C. to meet with members of Congress about the Medical Device Safety Act, legislation that would restore to thousands of Americans the right to seek justice through the civil justice system. Thousands of unfortunate Americans have suffered or even died because of defective medical devices like heart defibrillators, artificial valves, and defective knees and hips.

It's an uphill battle. In 2008, the Bush Conservative-stacked U.S. Supreme Court ruled in the infamous Riegel v. Medtronic decision that manufacturers of Class III medical devices that have been approved by the FDA's equally controversial pre-market approval process, are essentially immune from liability. Not taken into account by the court was the deplorable condition of the FDA as an agency during the final year of the Bush-Cheney tenure, and how such agency approvals were too often destined to succeed without having to present compelling evidence of devices actually being safe, or subjecting such evidence to any genuinely independent scrutiny.

The Riegel decision is the subject of the Medical Device Safety Act that would rectify an injured patient's right to sue in the courts when medical devices have failed, or even been recalled. In his majority decision, Justice Antonin Scalia wrote that permitting state juries to impose liability on the maker of an approved device "disrupts the federal scheme" under which the FDA has the responsibility for evaluating the risks and benefits of a new device.

Mark Hirschbeck is a patriotic American not usually associated with "disrupting federal schemes." But since 2002, his MLB umpiring career and his quality of life have been disrupted drastically by six surgeries on his right hip - one arthroscopic and five hip replacement procedures. Most of his pain and suffering was triggered by a defective ceramic-lined implant. The ceramic liner simply cracked. What was supposed to last fifteen years lasted just six weeks. A proud man who used to umpire at the highest professional level now has trouble getting down to the ballpark to watch his daughters and son play. No wonder he's become a crusader.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.

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Oregon Personal Injury Claims

Personal injury claims are made when a person suffers injury from another person, object, or company. The injury can be physical, emotional or financial. The only thing is that, it has to be proved. Personal injuries may include: slip and fall injuries, nursing home abuse, car accidents, defective product injury, exposure to toxic materials, medical malpractices, wrongful death (due to negligence), drug injury, dog bite or job injuries.

Personal injury claims can be from the person/persons who have actually caused the injury or from the insurance company. A personal injury claim must address two main issues: liability (the person charged is truly and legally responsible for the damage) and damages (the damages claimed truly reflect the exact extent of the injury or loss suffered). As per Torts Law, the case can be based on any of the three grounds: negligence, strict liability and intentional wrong. In case of injury resulting in death, the family members of the deceased can claim damages.

Persons who file an Oregon personal injury claim are eligible to receive compensation for their pain and suffering, loss of income, permanent disability (if any), emotional distress, and any other injuries that have been proved to be a result of the personal injury.

For filing a claim, it is important to prove that: 1) the person/persons/company is legally responsible for the injury and 2) the damages claimed really reflect the real extent of the injury or loss. These two elements, known as liability and damage, are very important for personal injury claims.

Personal injury claims are subject to statues of limitations, which mean that the claim must be made within a particular time period from the time of the injury. Statues of limitations differ from state to state. Oregon has its own statues of limitation for personal injury cases.

While making personal injury claims, it is better to consult a good attorney who has expertise and experience in dealing with such cases. Information about these lawyers is available in Oregon yellow pages or on the Internet. Friends, colleagues and family members are also a good source of identifying a good Oregano personal injury lawyer.

Oregon Personal Injury Lawyers provides detailed information on Oregon Personal Injury Claims, Oregon Personal Injury Funding, Oregon Personal Injury Law Firms, Oregon Personal Injury Laws and more. Oregon Personal Injury Lawyers is affiliated with Wrongful Death Attorneys.

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Hiring a Lawyer

David Best - Dutch Anderson Free Consultation, Home or Hospital No Fee or Costs if No Recovery



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Types of Medical Wrongful Death Claims

Wrongful death lawsuits are filed when a person is killed through the negligent or intentionally wrongful conduct of another. One area where these legal claims are commonly made is in the medical profession.

Julie's jaw had been causing her pain. A dentist looked at it and found a problem with a joint. She was sent to an oral surgeon who suggested outpatient surgery could take care of the problem. Two weeks later she was sitting in the operating chair. He put her under and started the surgery. She turned out to be allergic to the anesthesia and suffered anaphylactic shock and suffocated when her air passage closed off. This is a prime case for a wrongful death action, one in which a jury will determine if the surgeon had a duty to ask about any allergies she may have had and whether he breached that duty. It is a classic medical malpractice wrongful death case, but there are other types as well.

Medical malpractice is by far the most common claim made when it comes to wrongful death. While medical errors usually form the basis of the claim, there is a second area that is also hotly contested. These lawsuits are based on the claim that the physician in question failed to properly diagnose an illness or condition that led to the death of the patient in question. This usually occurs when a patient goes to see a doctor complaining of some pain or discomfort. The doctor then has a duty to perform certain tests depending upon the patient's complaints. Should the doctor fail to perform the test or misinterpret the results, and the patient die, a wrongful death action can be brought. The lawsuit is then brought by the heirs and beneficiaries of the victim.

Medical cases make up a large percentage of wrongful death cases, but they certainly are not the only area where such claims arise. Any situation where a person is killed by negligent or intentional conduct is ripe for such a claim.

Thomas Ajava is with JacksonWrongfulDeathAttorney.com - your online resource for finding a Jackson wrongful death attorney to handle your case.

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Colorado Designated Beneficiaries Press Conference

Dozens of people gathered this morning in the atrium of the Wellington E. Webb Building to celebrate Colorado's new Designated Beneficiaries law and file their agreements with the Denver Office of Clerk and Recorder. "This is something we've been hoping would happen for years and it's going to be such a huge relief to have the law backing up our legal documents," said Liz Gettings, who along with her partner, Patricia Vivien Yarrow, were among the first in Colorado to file their Designated Beneficiary agreements. The law, which takes effect today, provides a new tool for estate planning, giving Coloradans access to a low-cost and convenient method for making plans for end-of-life decisions, inheritance, and other protections related to health care and medical emergencies. It also allows beneficiaries to sue for wrongful death and the access to workers compensation benefits, two provisions that weren't possible for unmarried couples before today. (For more information go to www.designatedbeneficiaries.org.)



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Wrongful Death Lawyer For Fair Settlement

To get a fair settlement after a wrongful accident caused by a negligent driver or medical professional is to hire the best wrongful death lawyer. You will not have a hard time in locating experienced lawyers in you place. There are various law firms that specialize in cases of wrongful death. You can always as for referrals from those who have been in this accident. You need to take legal action against the negligent party who caused the death of your loved ones.

You might that hope is far away from you especially that the situation cost the life of another person. You are left with little hope at all. However, your lawyer is at your side to support you in such difficulty. You maybe emotionally down and you are not in your right state of mind to handle the legal issues. You may not be able to decide whether or not to proceed with the case because you are too exhausted and stressed. You cannot believe that your loved one just passed away just because of the negligence of the other person. You may be unaware of the complexities that can happen in the legal world.

In times like this, you need to talk to the wrongful death lawyer so that you will know your rights as the immediate relatives of the victim. You might be surprised to know that you have rights to exercise especially that victim's death is the result from the sheer negligence of the other party. It would be unfair if the negligent party is doing nothing and you are suffering all the damages including financial, mental, emotional, and psychological damages.

Do you know the various reasons in wrongful death? It can be caused by automobile accidents, work accidents, medical malpractice that resulted to death of the patient. You have to keep this in mind that whatever circumstances that caused the death of your loved one; he/she is entitled to process the compensation claims that will be exercised by the family members of the victim. These rights will be fully explained to your by your lawyer. Choose a lawyer whose expertise is in wrongful death cases. Remember that laws in wrongful death are complicated. You need someone who has all the expertise to win your case. But before you file the case, you need to ask for an advice from your lawyer whether or not your loved one is really a victim of wrongful death.

The only thing you have to be sure is to hire an experienced lawyer so that you will be provided with sufficient information about your rights. You also have to consider that your privileges and rights will depend on your case and the nature of the injury. Remember this always - not all cases have the same rights and privileges. This means that it is a must and absolutely necessary to ask for legal advice. You need a non judgmental and objective so that you will be guided in the right direction. At the same time your wrongful death lawyer must be insightful as well not to hurt your feelings and emotions. He/She must know how to deal in sensitive issues so as not to spoil the investigation and most of all choose a lawyer who has his/her own principle, ruled by justice, equity, and integrity.

To know more about Wrongful Death Lawyer visit www.personalinjuryportal.com.

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