How much injury compensation for being hit by a forklift truck am I entitled to? I have been off work for a year due to a spinal injury, and I expect to be for another six months. I was offered compensation of $15,000. Is this fair?
As you were offered injury compensation for being hit by a forklift truck, it appears as though your employer and their insurance company have accepted liability for your injuries. However if you expect that you will be unable to work for 18 months due to your injury, $15,000 appears to be an inadequate sum of compensation. Should you receive such an offer of compensation you are advised to consult a personal injury lawyer immediately, who can inform you whether the offer is enough and if not a fairer compensation amount can be negotiated.
No two compensation claims are identical and consequently no two compensation amounts will be the same. Your lawyer can determine the amount of compensation you are entitled to upon analysing your claim. The factors which will be taken into account are as follows:
Your injury compensation for being hit by a forklift truck will begin with compensation for the nature of your injury, as well as its severity. This will be adjusted to take into account your age, gender and general state of health prior to the accident. If you have suffered psychological trauma as a result of your accident — or during the recovery process — this may also be covered, although you will require verification from a qualified psychiatrist in order to do so.
The special damages aspect can result in a substantial amount of compensation being rewarded, and should return your financial situation to a state where it would be if your accident never occurred. This will cover any expenses which have been incurred as a direct result of your accident — including medical bills and alternative transport. Compensation for any income you have lost can also be rewarded. For this reason alone, it appears that your offer of $15,000 is not enough.
Finally, your injury compensation may include damages for loss of amenity if you have suffered deterioration in your quality of life as a result of your accident. This may include compensation if you are no longer able to perform everyday tasks on account of your injury or if you cannot partake in leisure activities or social events.
Contributory negligence may affect the amount of injury compensation for being hit by a forklift truck to which you may be entitled if it is determined that you are at least partially responsible for your own injury. In order to fully determine which party is liable for your injury — as well as the amount of compensation to which you are entitled — you are advised to contact a personal injury lawyer without delay.