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Miami Construction Accident Attorneys

The Miami construction accident attorneys at Bernstein & Maryanoff can help you demand a monetary settlement if you’re hurt because of a construction accident. There are important legal rights in place to help victims of construction accidents. Our law firm is a Florida leader in helping victims win compensation for their injuries. See how our team of 40 legal professionals can work on your case until you receive the compensation that you deserve.

Who To Sue For a Construction Accident

Who to sue for a construction accident depends on who is involved in the accident. If you’re an employee, you may qualify to bring a claim under the workers compensation system; however, you may also qualify to bring a third-party claim. Even if you’re on the job at the time of the accident, you may sue a party other than your employer who is responsible for the accident. If you’re not on the job, you may sue any responsible party for a construction accident based on applicable state laws.

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Causes of Construction Accident Injuries

Here are some causes of construction accident injuries:

  • Fatigue; inadequate rests between shifts
  • Poor training
  • Working with too few employees
  • Failing to follow safety regulations
  • Working in extreme heat
  • Not maintaining equipment appropriately
  • Operating without wearing safety gear
  • Falls from elevated platforms
  • Trip hazards
  • Missing safety guards and measures
  • Falling from ladders
  • Trying to work too fast

There may be many different causes of construction accidents that qualify for compensation.

What Compensation Can You Win For a Construction Accident Case?

Depending on the type of accident and your status as an employee, contractor or bystander, there is a variety of compensation that may be available in a construction accident case. Here are some of the types of compensation that may be available to you:

  • Treatment for acute and chronic injuries
  • Ambulance care, emergency room costs and urgent care expenses
  • Replacement income for the fact that you are unable to work
  • Rehabilitation and physical therapy
  • Mental health damages
  • Pain and suffering compensation
  • Damages for changes in lifestyle and loss of contributions to the family unit
  • Property damage

The damages that you can receive in your settlement depend on what your losses actually are. Let us investigate your claim in order to maximize your compensation by claiming all categories of losses.

Examples of Construction Accident Case Law in Florida

Florida courts have a strong history of protecting construction accident victims. One example of a construction accident case in Florida courts is the case of Newton v. Caterpillar Financial Services. The 2018 case reversed a lower court decision and stated that the defendant could be liable for the personal injury accident.

The victim was an independent contractor. He was working to clear debris from a lot. The company leased a multi-terrain loader to clear the lot. The victim climbed inside the disposable trailer to clear debris. A tree stump rolled over the man’s hand and severed his finger.

The court said that the victim could bring a suit against the owner of the terrain loader. They said that the loader is an inherently dangerous instrument. Because it’s dangerous, vicarious liability applies to the owner who entrusts operation of the vehicle to a negligent operator. There is no single determining factor for when a piece of equipment is dangerous instrumentality. Florida considers a variety of favors based on the fact that the instrumentality can cause death or destruction if it is misused.

Florida Dangerous Instrumentality Doctrine

The Florida dangerous instrumentality doctrine is a Florida law that may apply in construction accident cases. The purpose of the law is to give accident victims a path to hold an equipment owner responsible when a dangerous piece of equipment hurts someone. Large pieces of construction equipment may qualify as dangerous instrumentality.

Florida’s dangerous instrumentality doctrine imposes strict vicarious liability on the owner of the dangerous equipment. When it causes harm, the victim may bring the claim against the entity that owns the equipment in addition to the person directly responsible for its negligent operation. A person who is hurt in a construction accident should be aware of the existence of the Florida dangerous instrumentality doctrine. If it applies to you, it may be a viable path to receive a fair financial recovery when you’re hurt.

Construction Accident Personal Injury vs. Workers’ Compensation

When you’re the victim of a construction accident, both workers compensation and personal injury law may come into play. Workers compensation is a way for an employee to have fast access to medical care and replacement income. It applies in most cases when you’re hurt while on the job. Under the system, you don’t have to prove that the employer is at fault for the accident.

However, you may receive additional compensation by bringing a third-party claim. Only third-party claims are eligible for pain and suffering. Even if you’re hurt on the job, the case may still qualify for a third-party claim against someone other than the employer. To go that route, traditional negligence laws are what the court looks at in order to determine legal liability.

Construction Accidents That Do Not Occur on the Job

There are some circumstances where a construction accident does not occur on the job. You might be hurt while passing under scaffolding on a busy city street. An accident can happen while you’re a guest or visitor on a construction site. If a construction accident takes place while you’re not on the job, compensation is available based on negligence laws. Workers compensation is not in play, and all of the negligence laws that apply in the state of Florida, or wherever the accident occurs, can help the victim recover fair compensation.

Miami Construction Accident Attorneys Free Consultation

Have you been hurt in a construction accident? We invite you to meet our Miami construction accident attorneys for your free consultation. Let’s talk about your case and your options.

We offer contingency representation with no fee unless you win. Attorney-client privilege applies. Our team wants to protect your rights and get you the compensation that you deserve. Call us today.

No Fees Unless We Win Protecting Your Rights Since 1983

Bernstein & Maryanoff do their best to make sure you get the maximum compensation for your injuries. Please call us before you speak to an insurance company.

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