Wisconsin has a 3-year statute of limitations on filing a personal injury suit. Three years from the date of your accident might seem like a long time, but insurance companies are notorious for dragging things out while reassuring you it will all be sorted out soon. Except “soon” never comes. Weeks become months, months become years, and before you know it you’re legally blocked from filing suit. Don’t let it happen to you! The sooner you contact Warshafsky Law, the sooner you can get the restitution you deserve.
Anyone living in the Milwaukee area in 1999 will remember the terrible collapse of “Big Blue” during the construction of Miller Park Stadium. While positioning a 500-ton piece of roof onto the stadium, the enormous blue crane collapsed into a twisted, tangled mass of metal. 3 workers died, several others were injured, and, as you can imagine, lawsuits ensued.
Because cranes are the largest equipment on construction sites, more accidents are caused by them than any other piece of equipment. Although the most common cause of crane accidents is attempting to lift more weight than they are capable of (often in unsuitable conditions), coming into contact with power lines accounts for 45% of crane accidents. Regardless of what causes the accident, the sheer size of a crane usually results in catastrophe.
If you’ve been injured in a crane accident, or have a loved one who was killed by one, you are entitled to compensation for your medical expenses and lost time from work. Crane injury cases often involve several parties who can be held liable, and there are always complex legal issues when the accident caused a fatality. Best advice: consult an attorney experienced with construction site injury accidents.
Understanding Workers’ Compensation vs. Personal Injury Lawsuits
Workers’ compensation is designed to cover your medical expenses and lost time from work. If you’re eligible for workmans’ comp you are precluded from filing a lawsuit (unless there were extenuating circumstances, such as an act of malice by a coworker). In most cases, you’re better off taking workers’ comp than filing suit. With workers’ comp, your employer handles all the paperwork, you don’t have to negotiate a settlement or take your case to court, and you will be reimbursed much sooner than if you file suit.
While workers’ comp covers your financial losses, it does not award anything for pain and suffering or loss of companionship. In cases where the injury is particularly severe, such as paralysis, it is possible to receive workers’ comp and file a third-party lawsuit against the crane manufacturer, the company that maintained the crane, the property owner or any other party other than your employer that can be shown to have some liability for your injury. Third-party lawsuits fall under two categories: premises liability and product liability, and require the plaintiff to prove negligence on the part of the property owner/manager or product manufacturer contributed to the accident.
Not every worker on a construction site is covered by workers’ comp. Independent contractors, for instance, aren’t entitled to workers’ comp, and some smaller companies aren’t even required to carry workers’ compensation insurance. For those injured workers, a personal injury lawsuit is the only option. The same holds true for passersby and bystanders who have been injured by a crane accident.
Wisconsin Personal Injury Lawyers Get Maximum Compensation for Crane Accident Victims
If you’ve been injured by a crane accident, or have a loved one who has died from one, a personal injury lawsuit may be the best way make those responsible pay. Even if you have a strong case, though, the outcome will depend in large part on the quality of your legal representation. Most personal injury law firms in Wisconsin are “settlement mills” that make their bread and butter by negotiating settlements. Insurance companies know these firms just want to settle cases as quickly as possible, so they get away with lowball settlement offers. Warshafsky Law doesn’t play that game.
By preparing every case from day one to go to trial, even to appeal if necessary, Warshafsky Law always gets the maximum compensation possible for our clients. We’re known in legal circles for not shying away from taking cases to trial, which is the last thing an insurance company wants. Juries have a tendency to favor injured workers, especially when it’s apparent an insurance company is trying to shirk their responsibilities. Faced with the prospect of even greater losses at trial, insurance companies would rather increase their initial settlement offer than go up against Warshafsky Law in court.
Our experienced personal injury lawyers will help you evaluate any settlement you receive based on what you stand to win if your case goes to court. If the offer is reasonable, we’ll let you know. If not, we’ll take your case to court to make sure you get everything you deserve.
Our No Win, No Fee Policy Means You Have Nothing to Lose
With Warshafsky Law, you only pay for our services if we win your case, and only after you have received your compensation. Have an attorney already, but don’t feel confident they have your best interests at heart? It’s not too late to fire them and get a new attorney. Take advantage of a free initial consultation with Warshafsky Law to learn how we would handle your case.
