Compensation for Customers Injured by Forklifts in Illinois

Representing Victims Injured in Forklift Accidents in Illinois

Our award-winning forklift injury law firm in Chicago has secured over $490 million for our clients over the past 25 years. With our Super Lawyers-rated attorneys at your side, you can secure a fair settlement for your serious injuries. Contact us today for a free consultation. 

Settlements & Verdicts Recovered by Our Chicago-Based Law Firm

$11,000,000: Timothy suffered fatal crush injuries after a forklift backed into him. Our experienced attorneys proved that a lack of proper training had devastating consequences for his loved ones. 

$750,000: Anita was waiting for workers to deposit a heavy load in her truck when a forklift pinned her against the wall. We demonstrated that this workplace accident was caused by inadequate training.

What Are the Most Common Causes of Forklift Accidents Involving Customers?

Common reasons for forklift accidents include:

• Poor visibility in customer areas
• Lack of warning signs and spotters
• Forklifts in customer-facing areas during store hours
• Falling loads due to overloading or unsecured items
• Inadequate training for operators

What Are the Most Common Injuries Suffered by Customers Hit by Forklifts?

Customers injured by forklifts often have life-changing injuries, as these machines can weigh over 3,300 pounds. Common forklift injuries include:

• Broken bones, including hips, legs, and wrists
• Traumatic brain injuries and head trauma
• Back and spinal cord injuries
• Crushed limbs
• Amputations
• Internal bleeding and lacerations

What Is the Average Payout for a Forklift Accident in Illinois?

The average payout for forklift accidents is $2,806,232 with a range between $120,000 and $13,045,776. Your compensation will depend on your overall damages, evidence, proof of liability, and insurance policies. 

Example Cases Filed in Cook County

Timothy McDonald was waiting for a worker to load his truck when the operator backed into him and ran over his legs. He suffered a partial degloving, multiple broken bones, and torn tendons. He received a mediated settlement of $3,600,000.00. 

Gary Sperling, a lithographer, was knocked down and run over by a forklift, requiring an amputation above the knee. The defendant settled for $2,000,000.00. 

Where Do Forklift Accidents Involving Consumers Most Often Occur in Illinois?

Common locations for these accidents include:

• Chicago home improvement stores, such as the Home Depot on Roosevelt Avenue
• Elgin big box retailers like Walmart and Costco
• Schaumburg grocery retail outlets like Restaurant Depot
• Bolingbrook fulfillment centers open to the public
• Customer pickup areas in Joliet warehouses
• Storefronts with shared delivery areas in Oak Park

What Laws Govern Forklift Injury Claims Involving Customers in Illinois?

Cases of customers injured by forklifts fall under premises liability, which holds property owners responsible for protecting invitees (740 ILCS 130/). Companies must ensure that their workers follow all OSHA standards for forklift operations, such as not driving with the forks up (29 CFR 1910.178).

It’s possible to hold multiple parties accountable (740 ILCS 100/). Damages can include property damage, medical expenses, lost wages, and emotional distress. For fatal forklift accidents, surviving families can secure funeral and burial expenses as well as medical bills prior to death (740 ILCS 180/).

If you were injured while working, such as picking up a load for your employer, you can apply for workers’ compensation (820 ILCS 305). This will cover medical expenses and a portion of lost wages. 

For a personal injury suit, you have two years to file (735 ILCS 5/13-202). 

Who Is Liable for Consumer Forklift Injuries in Illinois?

Potentially liable parties include:

• Store owner
• Property management company
• Delivery companies inside the store
• Maintenance or stocking crews
• Forklift manufacturer, if product defects contributed to the accident

Common Defenses in Illinois Customer Forklift Injury Cases

Companies will use every defense possible to avoid paying, such as:

• Plaintiff entered a restricted area.
• Forklift operator was following standard protocols.
• The company was not aware of dangerous conditions.
• Plaintiff was distracted or not exercising caution.
• Plaintiff assumed risk by entering the facility.
• There were adequate warning signs.
• Another party may have been liable, such as a manufacturer or third-party vendor.
• The complaint was not filed properly or within the proper timeline.

We will refute these claims with video evidence, expert testimony, witness statements, incident reports, and OSHA industry standards, providing you with the best chance of receiving fair compensation.

How to Strengthen Your Case After Being Injured by a Forklift

Follow these steps immediately after your accident to ensure you have a strong case.

• Get immediate medical attention at the closest hospital.
• Report the incident to the store manager and demand an incident report.
• Take photos of the forklift, the accident scene, and any warning signs.
• Keep track of your expenses, including any out-of-pocket expenses.
• Get names and contact information for any witnesses.
• Consult with an attorney before discussing any details with the store’s insurer.

How an Illinois Forklift Injury Lawyer Can Help

We will guide you through the entire legal process, which includes:

• Investigating store policies, operator certifications, and potential manufacturer liability.
• Evaluating your damages, including any future medical treatment you may need. 
• Preserving evidence, like surveillance footage, before it is erased.
• Coordinating with safety experts to understand how the accident occurred.
• Identifying third-party liability if workers’ compensation does not apply.
• Aggressively negotiating with insurance companies for a fair settlement.
• If negotiations fail, filing a case with the Circuit Court of Cook County and representing you at trial.

FAQs

How much does a forklift accident lawyer cost in Illinois?

We work on a contingency fee basis, so you owe us nothing unless we win. Our legal fees are deducted from your settlement. 

Can I file a forklift injury claim if I was shopping or visiting a warehouse?

Yes, customers injured by forklifts can file a claim against the company. We must demonstrate that the operator was primarily responsible for the accident or that the store’s inadequate safety regulations were the primary cause of the accident. 

What if I was partially at fault?

Illinois uses modified comparative negligence (735 ILCS 5/2-1116). You can sue if you are less than 50% responsible, but you will receive less compensation based on your percentage of blame. Working with a skilled attorney ensures that you are not assigned more blame than is reasonable based on the circumstances. 

Book a Free Consultation

If you were struck by a forklift while shopping or visiting a warehouse, our team is ready to help. Our Chicago workplace injury lawyers have the experience and resources to pursue top compensation for customers injured by forklifts in Illinois. Schedule your free consultation today. You pay nothing unless we win.