If you've suffered injury from an equipment accident, whether on the job or elsewhere, you may wonder how likely it is that you'll be able to recover your financial losses. Equipment manufacturing companies can be large, with significant financial and legal resources, and seem to have the advantage over a lone injured plaintiff. You don't have any reason to worry—with the help of a skilled New Hampshire personal injury lawyer, you can file a successful lawsuit and recover a financial award for the losses that you've suffered. You don't have to suffer and bear the burden of your injury alone.
It's important that you call a lawyer as soon as you possibly can. We will meet with you as immediately as possible, because he knows how crucial it is to investigate the accident before evidence has been obliterated. For instance, it will be important to your case to know how the equipment was positioned, how you approached it, and where any line-of-sight obstacles or other significant objects were placed in relation to the equipment. This information will need to be carefully documented, and measured, and photographed. If you wait for very long after the accident before calling a lawyer, the scene of the accident could be significantly altered and this evidence would be lost. That wouldn't necessarily be fatal to your case, as your own memory of the scene of the accident could still be entered into evidence, but the opposing party might contradict your account. In any case, some things might be more difficult to prove. If the opposing party was actually negligent in placing or using the equipment, you might not be able to show it. The opposing party might even accuse you of negligence and say that the accident and your injury were actually your own fault.
If this happens, you still should be able to receive compensation. Often the law allows companies, who have deeper pockets and more legal resources, to be held responsible for accidents whether they were actually negligent or reckless or not. This is because it makes more sense for companies, with their greater financial resources and probable insurance coverage for just such events, to bear the financial burden of accidents than for individuals to bear it. Society benefits when those costs are distributed to those better able to bear them.
One important legal question will be that of determining who is the responsible party: the equipment manufacturer, or the owner of the facility in which you were injured (assuming those are different parties). Perhaps both were partially responsible. Was the accident caused by a design flaw in the equipment? Or was it a manufacturing fluke that only affected a small portion of the machines made? Was the accident caused by the machine's installation? Or by insufficient safety protocols by the facility owners? Was it caused by a single employee's carelessness? All of these questions have an important effect on how the suit is pursued.
There is also the question of the level of responsibility—did someone know that an accident was likely due to certain factors, and yet did nothing to correct the situation? Or was the accident truly a fluke that no one could have prevented? In general, the law allows you to recover greater damages if someone was actually negligent in not taking steps to prevent the accident. But even if no one was really to blame, you can still be awarded compensation for your injuries. A skilled personal injury lawyer with Liberty Legal Services will be able to find the evidence to answer all of these questions.
Equipment accidents are, unfortunately, an expected part of living in a modern industrialized society. That doesn't mean that you can't receive help and compensation for what you've suffered. Not just your immediate injuries and medical bills, but also any diminishing of your present and future earning ability, will be considered and compensated. Don't go it alone, and don't wait to call a lawyer. There is skilled and compassionate help available for you.
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Liberty Legal Services PLLC. Main office: 250 Commercial St #3020 Manchester NH 03101. (603) 262-3196