Have you suffered traumatic spinal cord injuries, brain damage, bone breaks, or other catastrophic injuries in a crane accident? If so, you may have the right to compensation for your suffering. However, the claims process can be intimidating, particularly if you are still recuperating from your injuries.
Get the legal help you need when you need it most. Reach out to a respected Atlanta crane accident lawyer at John Foy & Associates for a free, no-obligation consultation today and find out more about how you can hold the liable party accountable and maximize your restitution.
How Crane Accidents Happen
After suffering devastating work injuries, your crane accident lawyer in Atlanta, GA, at John Foy & Associates, will carefully evaluate how your injuries occurred and who caused them. This way, we can explore your legal options for financial recovery and ensure the liable party pays.
Some of the most common causes of crane accidents in Atlanta include the following:
- Contact with electrical lines
- Buckling or collapse cranes
- Failure to complete crane safety inspections
- Improper crane training
- Lack of crane operator experience
- Improper assembly of the crane
- Getting hit by crane loads or booms
These are only a few of the top ways crane accidents can happen. If your injuries occurred in another way, you might still have the right to financial compensation for your damages. Your crane accident attorney must carefully evaluate the evidence to determine who should be held accountable for your losses.
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Legal Options After a Crane Accident in Atlanta
It will be up to your crane accident attorney in Atlanta, GA, to review what legal options may be available to you after suffering life-altering injuries. However, generally, there are three primary ways you can recover compensation. These include:
- Seeking worker’s compensation benefits
- Filing a claim with the liable party’s insurance company
- Filing a civil lawsuit against those responsible
Seek Worker’s Comp Benefits
It is not uncommon for those who work in construction, factories, or around cranes to suffer life-threatening injuries. If your crane accident injuries were work-related, you might be entitled to worker’s compensation benefits. These are often paid to victims, no matter who is responsible for causing the accident.
As long as you are considered an employee as opposed to an independent contractor, your employer should be required to provide you with worker’s compensation protection coverage. Here, if you are injured in an on-the-job accident, the insurance company provides you with specific types of benefits, including:
- Vocational rehabilitation benefits if your injuries will prevent you from returning to work in the same industry
- Disability or wage replacement benefits of approximately 66% of your average weekly salary
- Total coverage of your medical expenses, equipment, Devices, and ongoing medical care
- Death benefits to surviving family members of individuals who pass away from crane accidents and other work injuries
File an Insurance Claim
Whether your crane accident was work-related or you were a passerby, you have the right to compensation if someone else is responsible. You may be able to seek compensation through worker’s comp., insurance claims, and civil lawsuits, depending on the specific circumstances of your case.
Your crane accident attorney will carefully scrutinize the details of your case to determine who is responsible. If the liable party has liability insurance coverage, you can file a claim with their insurer and get certain costs covered. However, it is essential to remember that insurance typically only covers specific types of economic damages, such as medical bills, personal property damages, and in some instances, lost wages.
Pursue a Civil Lawsuit
When insurance settlements are insufficient, or the liable party does not have insurance coverage, filing a civil lawsuit for your crane accident damages may be the only way to recover the restitution you deserve.
However, although you may be intimidated thinking about going to trial, the truth is that going to court may be the best way to obtain compensation for every loss. Since there are fewer restrictions in civil court, you have a greater opportunity to ensure the liable party compensates you fairly for your damages.
Personal Injury Laws Influencing Your Crane Accident Settlement
Multiple personal injury lawyers could have an impact on your crane accident settlement. The statute of limitations and Georgia’s modified comparative negligence laws are two of the most important ones you should know:
Claim Filing Time Limits
When you are filing a claim for compensation and benefits after a crane accident, there are multiple deadlines and statutes of limitations you need to be aware of. For example, if you are filing an insurance claim, the insurer might require you to file your claim within 30 days of the incident.
Alternatively, if you are filing a claim for worker’s compensation benefits, you might have up to one year from the accident date, according to the Georgia State Board of Worker’s Compensation. Additionally, Georgia has a strict two-year statute of limitations for personal injury lawsuits. Your lawsuit must be filed before this deadline. Otherwise, the court system will refuse to hear your case.
You could be accused of sharing fault for your crane accident injuries. Since Georgia follows modified comparative negligence laws, you can expect the defendant to do everything possible to blame you for your injuries, as it could reduce their financial obligation.
However, your Atlanta crane accident attorney will be ready to present compelling evidence that can be used to prove the defendant’s negligence and fault. It should be noted that if you share blame for the accident, you might still have the right to compensation for your damages, as long as your percentage of fault is not greater than 50%. If you share liability, expect your settlement to be reduced to account for your share of the blame.
Reach Out to a Crane Accident Lawyer in Atlanta for Help Today
Whether you have the right to worker’s compensation benefits, insurance settlements, or compensation through a trial verdict, the right legal advocate can ensure you recover your damages in their entirety.
Maximize the value of your claim with help from a dedicated Atlanta crane accident lawyer at John Foy & Associates. Complete our online contact form or call our office to schedule your no-cost, risk-free consultation as soon as today.
404-400-4000 or complete a Free Case Evaluation form