Injuries at a construction site are unfortunately common. One moment you are doing your job; next, you are in an ambulance, trying to fight the pain and wondering about your future.
You may be entitled to substantial compensation if a construction accident happens due to someone's negligence. However, without legal help, the road to the payout can be long and complicated.
An experienced Palm Harbor construction accident lawyer from Dolman Law Group can help you fight for the money you deserve.
Why Choose Us?
Choosing the right lawyer is key to winning your personal injury case. We have years of experience dealing with construction accidents in Palm Harbor at Dolman Law Group Accident Injury Lawyers, PA. Our legal team is always available to take on challenging cases.
Over the past years, the legal team at Dolman Law helped victims recover millions of dollars in compensation. From experienced litigators to top-notch negotiators, we have what it takes to obtain fair compensation for our clients.
When you work with Dolman Law, you get a variety of benefits, including:
- Free initial consultation. If you are worried that your case doesn't have merit or don't know which steps to take when suing the at-fault party, you can schedule a free consultation with our attorneys. They will explain what to do next.
- Emotional support. Dealing with legal issues can be extremely taxing when you are recovering from injuries. Our construction accident attorneys offer support throughout the case and help navigate legal action faster and easier.
- Local experience. When it comes to construction accidents in Palm Harbor, local experience is gold. Our attorneys know how local insurance companies and courts work. This often plays a major role during negotiations and trials.
- Valuable advice. When you are fighting against construction companies, you may be facing a large team of experienced attorneys whose sole purpose is to avoid paying you money. Having a legal assistant by your side keeps you from making unfortunate mistakes.
- Investigation. To identify at-fault parties and prove negligence, you may need to conduct an in-depth investigation that includes speaking to witnesses, taking photos, soliciting camera recordings, and more. A construction accident attorney can do all that and make sure you have as much valuable evidence as possible.
- Trial experience. Many personal injury attorneys are reluctant to proceed to trial. They prefer settling with insurance companies. However, in some cases, a trial is the only way to obtain fair compensation. Dolman Law attorneys aren't afraid to face judges and juries. In fact, we have extensive experience doing just that and winning.
Our Palm Harbor personal injury law firm is always available for a free consultation. If you aren't ready to drive or travel just yet, we can arrange a video conference and evaluate your case remotely.
At Dolman Law, we focus on the client's convenience and well-being while fighting for their right to compensation. Call us for your free consultation with one of our compassionate construction accident lawyers today.
How Much Is My Case Worth?
Construction accidents can be worth millions of dollars. However, each case is unique. The amount you will get can depend on many different factors and circumstances, including:
How Badly You Were Hurt
Compensation in a personal injury case aims at restoring your life back to normal as much as possible. That includes covering medical bills, paying for recovery therapy, compensating lost wages, and more.
The severity of your injuries directly impacts how much money you need to recover. For example, a broken bone may require you to miss four weeks of work and incur $1,000 in expenses. Meanwhile, a serious spinal injury could cause a permanent disability and warrant $5M in compensation.
To back the extent of your physical injuries, you would need to present a variety of evidence that includes:
- Medical bills
- At-home care receipts
- Medication prescriptions
- Photos and videos
- Doctors' reports
Then you would need to prove that these injuries caused changes in your life, such as missing time from work or being unable to care for your children. Each small piece of evidence could become a major case-turner.
An experienced Palm Harbor construction accident attorney can explain which evidence to collect and help you do it in the most efficient way possible.
Whether You Can Prove Negligence
Your entire personal injury case depends on your ability to prove negligence. To fight for your right to compensation, you need to show that the at-fault party acted negligently. The burden of proof in construction accident cases is the victim's.
To prove negligence, you have to show that:
- The at-fault party had a legal duty of care. In construction accidents, this means that contractors and construction workers must act reasonably to ensure the safety of people around them.
- The breach of the legal duty of care. In construction accidents, such breach is usually a lack of safety equipment, unsecured tools, improper safety guard for machinery, poorly blocked potential hazard areas, etc.
- Injuries. You would need to prove that your injuries are a direct result of the at-fault party's breach of the legal duty of care. For example, a worker failed to secure a tool that hit you on the head. You sustained a TBI.
- Damages. You have to show that damages you are trying to recover are a result of the breach-related injuries. For example, to treat your TBI, you need hospitalization, surgery, at-home care, and more. You also may need to miss work.
The at-fault party's insurance companies and lawyers will do everything possible to keep you from proving negligence. They could even start arguing that the accident was your fault.
Without an attorney helping you, it could be tough to demonstrate negligent actions. If you fail to do so, you can't request compensation.
If you already tried to prove negligence on your own but failed, it doesn't mean you can't try again. By hiring a construction accident attorney who knows how to proceed, you can file a lawsuit and get the money you deserve.
Many people mistakenly believe that their construction accident case is straightforward, and all they have to do is file a claim and wait for the money.
In reality, successful construction accident lawsuits require complex legal maneuvers. Even something seemingly simple as collecting evidence, needs to be done the right way. Lack of legal experience often leads to substantial mistakes that cost victims a lot of money.
At best, you can get an unfairly small payout. In the worst case, you could end up trying to prove that you aren't at fault.
By hiring an experienced construction accident lawyer in Palm Harbor, you are gaining an opportunity to obtain fair compensation. Without one, your chances of winning the case can be low.
Construction Accidents in Palm Harbor
Construction accidents in Florida cause more injuries and fatalities than other types of occupational incidents. The number of fatal construction accidents is increasing every year due to the rising number of construction projects in Palm Harbor.
While the majority of victims in construction accidents are workers, pedestrians can suffer as well. If the construction site isn't properly blocked, passersby can get injured.
If you get hurt at the construction site, you can file a claim against several different parties, including:
- Construction company (if their negligence caused the accident)
- Equipment manufacturers (if the construction equipment malfunctioned)
- Construction worker (if they acted negligently and caused the accident. For example, dropped an unsecured tool)
In Palm Harbor, identifying the at-fault party can be complicated. You would likely need an attorney to figure out whom to file a claim against.
Construction Worker Accidents
Many construction workers in Palm Harbor hope that workers' comp will cover all of their injury-related expenses. In reality, worker's compensation policies only cover medical expenses and lost wages.
If you want to recover non-economic damages, such as pain and suffering, you need to file a personal injury lawsuit.
Statute of Limitations
If you get hurt in a Palm Harbor construction accident, you only have four years to file a personal injury lawsuit. If you wait longer, you will likely face immediate case dismissal.
While it may seem that four years is long, waiting to take legal action isn't a good idea. As time passes, evidence disappears, at-fault parties leave the state, and eyewitness memories fade. All of that can make it much harder to recover compensation.
Wrongful Death in Palm Harbor
If your loved one dies in a Palm Harbor construction accident, you have two years to file a wrongful death lawsuit.
If you can prove the at-fault party's negligence, you can recover:
- Economic damages. Pre-death medical bills, loss of financial support, loss of inheritance, burial and funeral expenses.
- Non-economic damages. Emotional anguish, loss of emotional support, loss of quality of life, pain and suffering of the decedent before death
In Florida, only the representative of the decedent's estate can legally file a wrongful death lawsuit. You can recover damages if you are the victim's spouse, child, parent (if the victim is a minor), or dependent family member.
Construction Accidents and Injuries
The variety of construction accidents is overwhelming. However, the most common ones that cause severe injuries are falls.
Other types of construction incidents include:
- Falling objects (tools, debris, scaffolding)
- Explosions (from exposed wires)
- Hits (when a vehicle hits a construction worker on the road)
- Entrapment (when a worker gets caught between two objects)
While it's possible to sustain minor injuries in a construction accident, many people end up facing serious problems, including disabilities. Common injuries in such accidents are:
- Sprains and strains
- Cuts and lacerations
- Head and back injuries
- Internal organ damage
- Burns and heat strokes
- Limb mutilation
Not all construction accident injuries become obvious at the moment of the incident. That's why it's important to see a doctor right after the accident. Waiting too long could cause your injury to worsen.
Negotiating With the Insurance Company
When it comes to construction accidents, you may face several insurance companies:
- Construction company's
- Construction worker's
Instead of going to court, settling the case during negotiations with the insurance company is often possible. However, these negotiations are anything but simple. Insurance adjusters do everything they can to avoid a settlement or minimize the payment.
Without legal experience, it's nearly impossible to achieve a fair settlement. Insurance companies have many tricks up their sleeves that help them pressure victims into accepting less money than they deserve.
An experienced construction accident lawyer knows exactly what to expect from such negotiations and how to take the lead. Since they aren't emotionally involved in the process, achieving the desired results is much easier.
What Should I Do After a Construction Accident?
You may not want to think about legal action when you face serious injuries. However, any delay can make it tougher to build a strong case.
Your construction accident case begins at the moment your accident occurs.
The first step is to take care of your immediate medical needs. While it helps to collect fresh evidence from the site of the accident, your health is more important.
You will need evidence at the site of the accident, but many victims are too hurt to collect it. If this happened to you, call an attorney as soon after the incident as possible.
At Dolman Law Group, we offer free case evaluations for all construction accident victims. This means that if you don't know how to proceed, you can ask a team of highly experienced lawyers. During the evaluation, we can tell you whether your case has any merit and advise you about further steps.
We can arrange the consultation remotely if you can't travel to our office. Even if you are still in the hospital, you can get valuable advice from the experts during a video conference.
Our attorneys can instruct you about further action and return to the accident scene to collect fresh evidence. Then, they can start building your case while you deal with your recovery.
Who can I sue if I was injured while walking near a construction site?
The at-fault parties in such construction accident cases can include the construction company, construction workers, property owners, equipment manufacturers, or a subcontractor.
The party you sue depends on the circumstances of the accident.
- General contractor. If you can prove that the general contractor didn't ensure your safety (e.g., didn't fence off the construction site properly or failed to secure the equipment), you can sue the company. Most likely, you will be dealing with the contractor's insurance company.
- Site owner. In some cases, the property owner may be responsible for your injuries. The most common example is failure to warn the visitor about the dangers of being at the construction site. It's their responsibility to put up warning signs.
- Manufacturers. If you got hurt because construction equipment malfunctioned, you may be able to sue the manufacturer of that equipment for your injuries. You would need to prove that the machinery caused the accident.
- Engineer or architect. If the construction company works according to the engineer's plan that is faulty and causes an accident, you may be able to file a claim against the engineer or architect.
- Subcontractors. Subcontractors have the same liabilities as general contractors do. However, they are only responsible for their area of expertise. So to sue them, you would need to prove that you got hurt when subcontractors were performing their specific type of work.
- Construction worker. If a construction worker causes your injuries by acting negligently (e.g., dropping tools or debris), you could sue them for damages directly.
To figure out who the responsible parties are, you would need to conduct an investigation. That's why many victims consider hiring construction accident attorneys who can do the job for them.
What is the most common cause of construction accidents?
Construction accidents occur for a number of reasons. Many of them have to do with negligence.
Usually, the construction company or a construction worker doesn't follow the rules, such as OSHA regulations, and creates unsafe conditions.
- Lack of safety equipment. The most common construction accident is a fall from a height. These falls usually happen due to the lack of proper training or the absence of proper safety equipment.
- Lack of protection on the ground. Many construction accidents involve falling objects. These objects can hurt someone if there is a lack of protection for people who are on the ground or on the lower levels of the construction site.
- Tripping hazards. If construction workers and contractors don't follow safety rules, they can create tripping hazards (debris, construction materials, equipment) that lead to slips and falls.
- Unsafe equipment. Faulty or improperly secured equipment can cause a construction accident. If the worker or the construction company didn't check or secure the equipment, they might be at fault. The manufacturer can also be liable for faulty construction equipment.
- Electrocution hazards. Construction workers often work near power lines. Lack of safety measures near exposed power lines can lead to electrocution, burns, and falls.
If someone's negligence at the construction site causes an accident, the injured party may seek sizable compensation.
Can I file a lawsuit against at-fault parties after collecting workers' compensation?
Yes, you can. Workers' compensation only covers medical expenses and lost wages. It doesn't cover non-economic damages, such as pain and suffering, emotional anguish, loss of quality of life. You would need to file a personal injury lawsuit to get this money.
In some cases, the workers' comp policy's limit may be lower than the number of economic damages you seek to recover. If this is the case, you can file a personal injury claim against the at-fault party to recover the rest of the money.
To obtain compensation through a personal injury lawsuit, you would need to prove the at-fault party's negligence.
What if the construction company doesn't have workers' compensation insurance?
If you got hurt in a construction accident that was your employer's fault, the first step is to file a workers' comp claim. If your employer doesn't have workers' compensation insurance, you can sue them directly.
In Florida, all construction companies must buy workers' compensation insurance. It could help you argue negligence in court if your employer didn't. The absence of mandatory insurance may also help the judge make a decision about assigning punitive damages.
What damages can I recover in a construction accident case?
You can file a personal injury lawsuit if you can prove the at-fault party's negligence.
Damages you can recover include:
- Economic damages. The money you had to spend on medical assistance, the money you lost because you missed work, and the money you are likely to lose in the future. To prove economic damages, you need to present tangible evidence, such as medical bills, W-2 forms, doctors' reports, and the like.
- Non-economic damages include anything related to the loss of quality of life, such as pain, suffering, emotional anguish, consortium loss, enjoyment of life, and similar losses. You can prove past, present, and future non-economic damages with expert witness testimony, photos, videos, personal journals, and more.
- Wrongful death damages. If your loved one dies in a construction accident, you can sue for pre-death medical expenses, burial expenses, loss of inheritance, loss of support, and more. You would have to present relevant evidence as well.
In some cases, the judge may assign punitive damages. This usually happens when the court wants to punish the at-fault party for outrageously reckless behavior.
Non-economic damages often exceed economic damages. Meanwhile, punitive damages can exceed both.
How much money can I get after a construction accident?
Payouts in construction accidents depend on many factors, including:
- The severity of your injuries
- Your ability to prove non-economic damages
- Quality of evidence
- Limits of insurance policies
The main factor in any personal injury case is the attorney's experience and qualifications. Without legal experience, obtaining a sizable compensation can be nearly impossible.
What is the most common type of injury suffered by construction workers?
When a construction accident happens, the construction worker can suffer from numerous injuries, including:
- Sprains and strains
- Neck injuries
- Spinal injuries
- Traumatic brain injury
- Internal organ damage
Construction injuries can vary in intensity. Even if you don't feel any pain or discomfort after the accident, you should still seek medical attention. Some personal injuries may manifest after several hours and even days. The delay in getting professional assistance could worsen your condition.
How do I prove a construction injury?
You need to provide relevant evidence to prove injuries in a construction accident. Such evidence includes photos and videos of your injuries, photos of the scene of the accident, records that you were working at the time of the accident, witness reports, camera recordings, doctor's reports, and your personal report.
Evidence is the key to proving your right to compensation in a personal injury case. You can start collecting it the moment you get hurt. Once you hire a construction accident attorney, they can help you gather important pieces of evidence.
What is the statute of limitations for construction accidents?
In Florida, you have four years from the date of the construction accident to file a personal injury lawsuit. While four years is a long time, putting off legal action usually means losing the opportunity to recover fair damages.
The faster you file a lawsuit, the more chances you have of building a strong case for several reasons:
- The evidence is still available and easy to collect
- Eyewitness memories are still fresh
- Eyewitnesses and at-fault parties are still in the state
While an experienced construction accident attorney can start legal action at any time within four years, damage recovery gets harder with every passing week. You don't have to wait for recovery to file a lawsuit. An attorney can do it for you.
You only have two years to file a workers' compensation claim. If your loved one died in a construction accident, you have two years to file a wrongful death lawsuit.
What if my family member dies in a construction accident?
You could file a wrongful death lawsuit if you lost a loved one in a construction accident. In Florida, you would need the legal representative of the deceased person's estate to file the claim.
You can try to recover the same types of compensation as you would in a personal injury case, including economic, non-economic, and punitive damages.
Only the closest relatives can claim wrongful death damages. They include spouses, children, partners, and dependent family members. If you aren't sure that you can claim wrongful death damages, consider consulting an attorney.
Do I need to hire expert witnesses?
Expert witness testimony is crucial to the quality of your case. Your attorney will need to hire construction practice, safety, and medical experts. They will help you prove the at-fault party's negligence and the extent of your injuries.
Hiring the right expert witness requires experience. Not all experts are willing to testify in court. Your attorney can help you find the right experts and obtain the required testimony.
Can I settle the construction accident claim out of court?
The majority of personal injury cases settle out of court. Attorneys negotiate a fair settlement with the insurance company or the at-fault party. However, in some cases, going to court is unavoidable.
It usually happens when the at-fault party or the insurance company doesn't want to offer a fair settlement.
An experienced Palm Harbor construction accident attorney from Dolman Law will do everything possible to obtain a fair settlement without going to trial. However, our team can represent you in court if the need arises.
Do I need a construction accident attorney?
Florida laws don't obligate you to hire a construction accident attorney in order to obtain compensation. However, recovering fair damages without legal assistance is nearly impossible.
At-fault parties and their insurance companies are ready to fight for their money. They will do everything possible, including hiring legal teams, to avoid making payments.
If you don't have an experienced construction accident lawyer at your side, you can make unfortunate mistakes. An attorney can help you collect evidence, hire expert witnesses, negotiate with insurance companies, represent you in court, and much more.
When should I hire a construction accident lawyer?
Putting off legal action can lead to many unfortunate consequences for the integrity of your case. That's why it's important to hire an attorney as soon as possible.
The best time to call a lawyer is right after the accident. However, many construction accident victims are too hurt or disoriented to do it. After getting immediate medical assistance, the next best time to speak to an attorney.
Don't give up if months or years have passed since the construction accident. An experienced attorney may still be able to help. Schedule a free consultation with our construction accident team and find out what you can still do to obtain compensation.
Contact an Experienced Palm Harbor Construction Accident Attorney
Construction accident lawsuits can be complex, time-consuming, riddled with nuances, and hard to win. You risk obtaining minimal compensation or failing to recover damages without legal assistance.
At Dolman Law, we have decades of experience helping construction accident victims fight for their money. Our Palm Harbor construction accident attorneys can take the legal burden off your shoulders, build a strong case, and obtain fair compensation.
Palm Harbor Office Location
2385 Tampa Road Suite 4
Palm Harbor, FL 34684
“AMAZING and understanding attorneys! Did great on my case and I highly recommend Dolman Law Group Accident Injury Lawyers, PA for anyone that has been injured in an accident!"
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