A FEDEX contractor lawsuit is a painful ordeal for anyone who has had the unfortunate experience of suffering injury or illness as the result of an on-the-job accident with a FedEx driver. For any victim, the fear and stress that accompany any type of accident are nothing short of devastating. However, victims should not allow the stress to affect their ability to retain appropriate counsel and pursue the legal avenues available to them in the event that they are injured as the result of a FedEx driver’s negligence. A FEDEX contractor lawsuit is one of those instances in which victims must take legal action if they are injured while working on-the-job. When on-the-job accidents occur, it is important for workers to understand and appreciate the importance of contacting a qualified attorney who can provide legal advice and guidance to determine if they have a case, and how to go about filing a FEDEX contractor lawsuit.
The first step in pursuing a FEDEX contractor lawsuit is to retain a qualified attorney who has experience in representing injured truck drivers. It is important to find an experienced attorney with a demonstrated track record of winning FEDEX lawsuits, as the potential expense of a successful lawsuit is significantly greater than if a lawyer were unsuccessful in an earlier case. Therefore, selecting an attorney with a solid record of success representing truck drivers injured in FedEx jobs is imperative.
Once an injured employee has decided to pursue a FEDEX contractor lawsuit, he or she must be prepared to face the formidable challenges that lay ahead. The first challenge is to gain access to personal medical records that will prove potentially damaging information against the defendant. If the trucking firm has access to the medical records of the victim prior to the date of the accident, it may become easier to build a case against the employer. If the victim’s doctors make statements at the time of the accident that are later proven inaccurate or ambiguous, it can become difficult to introduce the evidence necessary to win a FEDEX contractor lawsuit.
There is another significant challenge faced by trucking employers. While there may be a legal basis for seeking damages based on negligence, a fact discovery expert will find that the company’s insurance carrier will not be responsible for treating or preventing the injuries the injured employee sustained. For example, if the injured employee was working on the job site when he tripped and fell, the employer may assert that the work was a safe procedure, but the injured employee will have a hard time proving that point. Such cases hinge on proving the fact that a business’s insurance policy did not cover the work the employee was performing, and the carrier providing workers’ compensation failed to remedy the injury. An experienced attorney handling FEDEX cases will know which carriers are responsible for paying out for injuries and will know which carriers are legally immune from paying out.
When pursuing a FEDEX contractor lawsuit, one of the most challenging aspects of the case will involve proving that the trucking company was aware of the hazards and accidents occurring on the job site, yet did nothing to correct them. For example, if a tractor trailer truck driver was making a delivery of cement when an in-board engine developed a problem and began to back up. Yet, despite the truck’s owner’s knowledge of the hazard, he did nothing to repair the problem. The trucking company, in an effort to save money on their insurance premiums, paid out the settlement claim to the injured victim.
In these instances, a lawyer representing a FEDEX lawsuit recipient may aggressively seek to force the company into court, and gain the maximum amount of damages. Trucking companies are required by law to protect themselves from these types of lawsuits, and thus, they are typically financially stable and have many assets at stake in such instances. It is common for insurance carriers to fight these settlement claims vigorously, hoping to avoid paying out large amounts of money to individuals who have been injured while working on the job site. It is also common for the carrier to avoid having to go to court and allow the injured person to collect on their damages through their workers’ compensation benefits.