If you have been injured in a construction accident, it is important to contact an experienced accident attorney who can help you with your case. There are a number of state and federal laws that may govern your claim. Construction cases can be complicated in that they often involve multiple parties, including site owners, general contractors, sub-contractors, manufacturers of defective equipment, or other third parties. Typically, these cases require a detailed investigation of medical records, the construction site, witness statements, and any other information relevant to the case.
Construction accidents can happen for a number of reasons. According to the Centers for Disease Control and Prevention, there were 774 construction worker on-the-job deaths in 2010. The Occupational Safety and Health Administration (OSHA) reports there were 4,609 workers killed on the job in 2011. The most common types of construction mishaps include falls, electrocutions, “struck by object,” and “caught in between” Other causes of accidents include insufficient training, crane accidents, harness accidents, slips and falls, misuse of tools, welding accidents, poor oversight, and more.
It is important to note that your lawyer will be able to determine which cause of action is most appropriate in your case. In some cases, the injured worker will file a worker’s compensation claim or a product defect claim. Most often, however, the injured party will be able to file a negligence claim against the at-fault party.
Negligence is essentially the failure to take proper care in doing something. An injured accident victim can seek monetary compensation for his or her injuries through a negligence claim. This requires the plaintiff to establish the following elements: the defendant owed the plaintiff a duty of care; the defendant breached the duty of care owed to the plaintiff; the plaintiff suffered injuries as a result of the defendant’s breach; and the plaintiff incurred actual damages. Thus, causation is an essential element in establishing a successful negligence claim. Put another way, merely showing the defendant breached the duty of care is not sufficient. Instead, the plaintiff must also demonstrate that the defendant’s violation of the duty of care was the direct and proximate cause of his or her injuries.
The monetary compensation an injured party is entitled to depends on the nature and extent of his or her injuries. Based on the specific injuries, the victim may be able to recover medical expenses, lost wages and benefits, pain and suffering, and in some cases even permanent disability payments, either though a lump sum or through a series of settlements.
If you or someone you know has been injured in a construction action, you may be able to receive compensation for your injuries. Robert Dixon is an experienced Miami injury attorney who provides aggressive legal representation to clients across Florida. We offer a complimentary case review in which we assess the merits of your situation. This is typically when clients can ask questions and clear up any concerns they may have. If you need the services of a trusted and reputable accident lawyer, you should contact us online or call us today at 1-877-499-HURT (4878) for a free, confidential consultation.
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