Construction Accident Lawyer in Miami Florida
Construction has played a pivotal role in the development of communities, but in every development where humans are involved, there is always a fatal reality of human error. From the building of railways that eased the transfer of goods which helped the progress of cities to the construction of factories during the industrial age that created various jobs and pushed the development of the places where we live today. The construction industry arguably has a major role in laying the foundations for the development of the society where we are today. As said earlier, where there are people involved, there is always the inevitable reality of human error. Accidents on construction sites, unlike other types of accidents, are usually fatal, and those who are involved in them usually suffer from severe injuries and, in the worst-case scenario, may result in construction worker deaths. Construction accident victims Suffering from a construction site accident is only half the battle. The other half is the recovery part, and usually, the weekly wage of construction workers cannot pay for the medical bills related to the accident nor sustain their families while they are in the recovery period. This is where construction accident victims need all of the help they can get. Experienced Construction Accident Lawyers in Miami can provide legal representation for them and aid them in the legal process.
Different Types of Construction Accidents
Being extremely careful in the workplace is something everyone considers important. Creating safety protocols and providing safety equipment to every employee can limit the risk of accidents at construction sites, but whether we like it or not, we can only limit but not take away the risk of it actually happening.
The most common of these construction site accidents are falls. Reports suggest that 35% of injured workers sustain their injuries from falling from high places like ladders, rooftops, and scaffolding. Alongside falls in the various different possible construction injury-related accidents is falling debris. Falling debris such as construction tools, hollow blocks, and scaffolding are some of the possible things that can cause catastrophic injuries to a person. 3rd in the most common fatal injuries sustained are explosions on construction sites. This has proven fatal because not only can it cause personal injuries to one person but to a lot of people as its impact is on a larger scale.
What are the most common causes of construction accidents in Miami Florida?
There are various different causes of construction accidents in Miami, Florida. The most common of these are elevator accidents, machinery accidents, or defective equipment accidents like dysfunctioning nail guns that cause nail gun accidents. Electrical accidents, welding accidents, and some that are least likely to happen, like crane accidents and explosions, Now, something to keep in mind is that whatever accident type we are, particularly in seeking the help of a knowledgeable construction accident attorney in Miami, can help you in considering the best legal actions to take in your particular case.
Determining Who Is Liable in a Construction Accident Injury
There are a lot of things to consider when determining who is liable for your particular construction accident injury. But a good place to start considering when handling these legal matters is the level of control the construction site owner has within the area compared to their level of control over the work done on the site. Other people that may be considered part of the liable parties are the general contractors and the subcontractors. Something we should carefully consider is how secure the overall area is. According to the Occupational Safety and Health Administration, or OSHA, as it is more commonly known by some, an organization responsible for protecting worker health and safety in the United States, both general contractors, and their subcontractor counterparts are required to provide a “reasonably” safe working environment, as well as a responsibility to warn of any potential hazards on the job and the site, respectively. Carefully scrutinizing areas of fault and successfully identifying the specific fault party in the particular construction project is very important, especially for the injured party. It is of great importance for the injured party to become successful in identifying the liable party. Identifying it may mean the injured party receiving compensation benefits for the damage as well as providing assistance for their medical expenses.
Things a person must do if they’ve been in a construction accident
The most important moments in the event of an accident, both for the injured worker and the construction company, are the first few moments right after it. The decisions made during these first few moments may affect the speed of recovery, the life or death of the injured construction worker, and, for the construction companies, the severity of the possible charges filed against them. This begs the question, “What are the things a person must do if they’ve been in a construction accident?” The first and most important thing to do is to seek medical attention. According to a study, the 4 most fatal causes of death are falls, being electrocuted, being hit by fallen objects, and being caught in or within construction equipment. This means that though death is in the picture, it can be limited if medical care received from a medical practitioner is received at the right moment. After receiving medical attention, inform the responsible person. The manager or employer is to be informed regarding the accident. Next, secure photographs of the scene of where it happened, equipment involved if there is any, and injuries sustained from the accident as they will be vital for the investigation. Lastly, to ensure a more comprehensive data collection and to ensure that the injured party can have a strong compensation claim, seeking the assistance of a construction accident lawyer is important as they can help in aiding the expert in handling the legal matter.
Things to consider when hiring a construction accident lawyer
Construction accidents at construction sites are really common and most of the time fatal. Truly the construction industry is one of the most dangerous industries in the world. Aside from the physical and emotional distress brought to the worker they also have to deal with the legal matters involved in the construction accident lawsuit. This legal matter requires an experienced attorney to assess, navigate and thread. The things to consider in hiring a personal injury lawyer for this particular lawsuit are their experience in the field. Finding a lawyer familiar with personal injury lawsuits specifically in construction accidents is important. Aside from their experience as a law firm, they are considering what percentage of their practice is devoted to construction accidents. Picking the right lawyer for your legal claims, who is not only familiar with the construction laws but also has vast experience in representing it, strengthens your chances of financial compensation to support your medical care and fair settlement to aid you while you are still recovering from the accident.
The Construction Accident Lawyers Process in Miami Florida
Your construction accident lawyers in Miami, Florida will do the first thing by assembling pieces of evidence and records related to the claim. An experienced construction accident attorney will gather the following: insurance policy information, medical records, and medical bills. Along with it are the pieces of evidence such as photographs, CCTV footage, police reports, testimonies from witnesses, and any other evidence that can help in your case. Next will be the investigation. Investigations conducted by your construction injury attorney will mean carefully looking at the evidence gathered. What actually happened, carefully looking at every aspect to see the whole picture of what happened. Questions such as, “Is there defective machinery involved that caused the accident?” and “Are the construction workers, particularly the injured party, working in unsafe conditions that resulted in the injury?” will be gathered and compiled to be submitted. After gathering enough vital information, the negotiation will begin. The attorney will then present the gathered evidence and aim to negotiate to make sure you get the compensation for injuries you have sustained. This is done outside the courtroom, but if the negotiation between you and the liable party is proven unsuccessful, the attorney will be prepared to represent you in the trial and present the case on your behalf in the strongest form possible.
Frequently Asked Questions
What are the benefits of contacting a construction accident lawyer in Miami Florida?
There are a handful of benefits to seeking the help of a construction accident lawyer. Due to the fact that there are a lot of people that are possibly at fault in a particular accident, The accident resulted from equipment manufacturers supplying defective equipment to construction site owners not providing safe conditions for the construction workers. Most of them will point a finger at one another to determine who is to blame. Keep in mind that if proven that they are at fault, this may cost them a lot of money, so they will do the best that they can to reduce their liabilities in the particular construction accident.
How much is my construction accident worth in Miami Florida?
There are a lot of variables to consider when determining how much a construction accident is worth in Miami, Florida. Medical expenses (including rehabilitation, current bills, and the anticipated cost of treatment), a substantial period of time where the injured experiences lost income or, at worst, loss of earning capacity. These are the things that are carefully considered and calculated to know. How much does your particular construction accident in Miami, Florida cost?
How much time does the law permit me to file a lawsuit in Miami Florida after a construction accident?
Sustaining an injury during an accident doesn’t necessarily mean you are covered. Luckily, for some, their construction company provides the aid and compensation they need right away without them asking for it. But for some, they need to file a lawsuit. The length of time allowed for a person to file a lawsuit for their injury differs from state to state. In Florida, the statute of limitations for a personal injury is four years. This is the amount of time allowed by the court for an injured person to file a lawsuit.
When should I hire a construction accident lawyer in Miami Florida?
The short answer is as early as possible. The primary reason for this is you cannot file an insurance claim anytime you want. As mentioned above, a personal injury lawsuit has a particular allotted time of when you can file it.
Another reason why we should hire it as early as possible is that medical bills are expensive. Most of the time it isn’t something a person can pay off easily, especially if they still cannot work and are not paid because they are still recovering from an injury sustained. Getting the assistance of your employer for compensation will provide significant assistance to your medical bills.
Lastly, this is if you can prove that the injury is not more than 51% your fault. This needs legal tact to handle by providing necessary information through reliable evidence and ease in this area can be achieved through seeking the help of a construction accident lawyer.
