Construction work carries immense risks, and accidents can leave injured workers or grieving families without income and facing huge medical bills. If you or a loved one were hurt in a construction accident, you have legal options. Florida law provides protections, and our Broward County construction accident lawyers can help you pursue compensation.
Our Broward County personal injury lawyers are prepared to aggressively litigate if necessary, leveraging decades of combined experience holding contractors, developers, and property owners accountable under state and federal law. We empower injured workers to fight for compensation, starting with a free consultation.
Don’t let a construction accident derail your life, contact Winston Law Firm today.
Benefits of Legal Representation for Construction Accidents
Navigating the legal process after a Florida construction accident can be challenging without an attorney’s guidance. Construction injury claims involve complex legal issues, including:
- Filing an injury lawsuit: Florida law limits when accident victims can take court action versus going through workers’ compensation.
- Pursuing workers’ compensation: The workers’ compensation system is imperfect, and insurers may dispute valid claims. Skilled legal advice is invaluable.
- Involving Florida’s Occupational Safety and Health Administration (OSHA): While you can request inspections, bureaucratic red tape makes getting OSHA reports difficult without legal representation.
- Proving fault: Lawsuits require concrete evidence of negligence by contractors, developers, or other parties. Our experienced lawyers know how to build strong liability cases.
Having an accomplished Broward County construction accident attorney can make a difference in overcoming these hurdles.
Estimating the Value of Your Broward County Construction Accident Settlement
In the state of Florida, you have the right to seek full compensation for your incurred expenses and losses, encompassing both tangible economic damages and intangible non-economic damages that may be challenging to quantify.
A construction accident claim in Florida typically encompasses the following categories of expenses:
Economic damages encompass all your quantifiable expenses, such as medical bills, treatment costs, medications, transportation expenses related to medical appointments, rehabilitation, and any anticipated long-term medical care.
Additionally, economic damages account for medical equipment expenses and the income or earning potential you have lost due to the accident. The objective of economic damages is to calculate the complete financial losses you have already incurred and anticipate in the future, with the aim of providing a dollar-for-dollar replacement.
Non-economic damages pertain to financial compensation awarded to individuals who have experienced significant hardships, such as limb loss, disabilities, severe physical pain, emotional distress, permanent scarring, or enduring disabilities. These damages also extend to cases involving the loss of a loved one due to a construction accident.
No amount of money can genuinely compensate for these profound losses, but non-economic damages serve to alleviate their impact on your life. As non-economic damages seek to substitute the irreplaceable with monetary compensation, the sums awarded to the affected parties are often substantial.
While we can never guarantee how much tangible and intangible losses you can recover, our team has had notable results, with some Broward County construction settlements reaching six or seven figures.
The likelihood of winning this amount depends on the evidence collected and the skill of your Broward County construction accident attorney.
Limitations Involving Construction Accidents in Florida
Construction accidents in Florida, like in other states, are subject to limitations, both in terms of legal actions and workers’ compensation claims. Some of the key limitations involving construction accidents in Florida include:
Florida’s Statute of Limitations for Construction Personal Injury Cases
In Florida, there are strict time limits for filing personal injury claims. An injured party has two years from the date of the accident to file a personal injury lawsuit. However, for construction accident cases, the timeline might be different if a government entity is involved.
Claims against government entities often have shorter notice and filing deadlines, which can range from 180 days to three years, depending on the circumstances. Therefore, it’s crucial to act promptly and consult with an attorney to ensure compliance with these time limits.
Florida’s Workers’ Compensation Exclusivity
Florida, like other states, has a workers’ compensation system that provides benefits to injured workers. In most cases, these benefits are the exclusive remedy for workplace injuries.
As a result, workers’ compensation recipients who work in the construction industry cannot sue their employers for negligence. However, there may be exceptions your lawyer can find.
Immunity for Broward County Subcontractors
Under Florida Stat. § 558.0035, subcontractors are often protected from personal injury lawsuits by workers on construction sites. If they carry the legally required workers’ compensation insurance, subcontractors are typically immune from civil liability.
This immunity is extended to them to maintain the workers’ compensation system as the exclusive remedy for workplace injuries.
Florida’s New Tort Reform and Modified Comparative Negligence
Florida follows a modified comparative negligence system, which means that in personal injury lawsuits, damages are apportioned based on each party’s degree of fault up to a point.
If a construction worker is found partially at fault for their injuries, it can affect the amount of compensation they receive. Furthermore, if a construction worker is more than 50% at fault, recovering damages is barred.
Liability Insurance Limits
Construction companies typically have liability insurance, but policy insurance limits are often not enough to fully compensate you for your losses. You may need to look for other ways to get paid, such as through the at-fault party’s assets or by getting more insurance coverage.
Some construction workers may have signed contracts or agreements that limit their ability to bring legal claims in the event of an injury. It’s essential to review any such agreements carefully and consult with an attorney to understand the implications.
Navigating the legal limitations surrounding construction accidents in Florida can be complex, but our experienced workplace injury attorneys can provide guidance and advocate for your rights.
Discuss Your Construction Accident with a Broward County Lawyer at No Cost to You
A construction accident can alter the course of your life. It’s imperative not to jeopardize your entitlement to potential compensation that the law upholds as your right. Allow the Winston Law Firm to assist you in securing the fair compensation you deserve.
Rest assured, you will not incur charges unless our Broward County, FL, construction accident attorneys recover compensation on your behalf. To initiate the process, kindly complete our online contact form or reach out to us via phone to arrange your complimentary consultation today.