Construction work is dangerous. So much so that it is often considered the most hazardous type of industry. According to Environment, Health & Safety programs, two construction workers pass away in the United States every day because of construction work-related injuries. Additionally, almost one in every five workplace deaths is construction-related. If you or someone you know becomes injured in a construction accident speak to our West Palm Beach construction accident lawyer today to discuss your accident case details.
However, in West Palm Beach, where construction projects are prevalent and include everything from creating a West Palm Beach Bicycle Master Plan to making improvements along Broadway Avenue, it does not mean that construction workers do not have a right to a safe working environment.
That is why if you or a family member has been harmed in a West Palm Beach construction accident, you do not have to endure these injuries and devastating repercussions on your own. Instead, you deserve to pursue justice and legal help that you can trust. Shiner Law Group is here, ready to provide the legal assistance our clients need and the support they require to go after the damages they are entitled to. Contact us today to get started.
Table of Contents
2. Common Construction Injuries Resulting From a West Palm Beach Construction Accident
3. Actions To Take Following a West Palm Beach Construction Accident
4. West Palm Beach Construction Accident FAQ
5. Speak With A West Palm Beach Construction Accident Attorney Today
Shiner Law Group — About Us
As a personal injury law firm, the Shiner Law Group is dedicated to representing injured victims and those who have suffered losses because of another person’s reckless or careless actions.
Our award-winning personal injury lawyers have successfully fought on behalf of Floridians who have been harmed in adverse circumstances, ensuring their rights were protected and they received the fair compensation they needed. This is because our attorneys have always believed individuals should be able to live their lives uninterrupted. As a result of this drive and dedication, we have obtained millions of dollars in settlement awards and jury verdicts on our client’s behalf.
Yet, even though we cannot guarantee these same results for every case we take on when you work with the Shiner Law Group, you can rest assured that our legal team can fight hard for the compensation you deserve.
Standard Constructions Accidents That Occur in West Palm Beach
Although construction accidents can be attributed to various causes, including lack of safeguards and another person’s negligence, most of the construction accidents in West Palm Beach tend to occur from:
- Falling From Great Heights: Some of the more severe accidents on a construction site often involve a worker falling from significant heights, such as stairwells with no guardrails or taking a step off an open-sided floor. These accidents not only result in devastating injuries but also make up one-third of on-the-job fatalities.
- Electrocutions: Almost 61 percent of all workplace electrocutions in the country occur in the construction industry. Generally, these accidents happen when a piece of equipment, a tool, or even a worker comes into contact with an exposed electrical source. However, indirect contact with live electrical equipment and wiring can also cause these severe injuries.
- Falling on the Same Level: Falls that occur on the same level are also common construction accidents. These accidents generally occur when a worker slips, trips, or falls on an object or obstacle located on the construction site and falls to the ground.
- Scaffolding or Ladder Accidents: Even though most construction workers today use safeguards when using ladders and scaffolding, there are still numerous accidents that result from this construction equipment, especially when workers fall because of maintenance issues, improper use, lack of safety equipment, or lack of proper supervision.
- Motor Vehicle Accidents: Construction workers often operate large and sometimes dangerous vehicles such as forklifts and dump trucks. If these vehicles are not used properly, serious accidents can occur. In addition, if a motorist is driving their car negligently in a construction zone, they too can pose a serious risk to workers in the area.
- Struck By an Object: If a construction worker is struck by an object, caught in collapsing material, caught in between equipment, or struck against an object, it can lead to debilitating injuries. These accidents often result because of heavy equipment, cranes, trucks, or other large objects that can roll, fall, fly, swing, or slip, leading to debilitating harm.
- Power Tool Issues: Heavy machines and power tools are considered a construction site staple, but with improper usage, lack of safety equipment, inadequate training, and machinery defects, these pieces of equipment can cause construction workers to endure serious harm.
- Explosions: Construction sites often contain unsafe conditions, such as exposed wiring, leaky pipes, and flammable chemicals that can lead to explosions and fires.
- Falling Objects: It is common for construction workers to leave materials and tools on ladders and scaffolding when they are doing work. Unfortunately, if these items are not correctly secured, construction workers are often at risk of being struck by these objects and enduring significant spinal and brain trauma.
- Overexertion and Heat Stress: Long hours and extensive physical labor can lead to a slew of issues for construction workers, often causing heat stress, muscle and joint damage, and repetitive motion injuries. In addition, in West Palm Beach, where the temperatures get to extreme highs in July and August, construction workers also have to deal with heatstroke and dehydration, injuries that can lead to heart, kidney, and even brain damage.
- Accidents Related to Being Caught-In-Between Objects: These caught-in-between accidents are often considered one of the most fatal accidents on a construction site. Although it is common knowledge that no worker should place themselves between a heavy piece of machinery and immovable objects, these accidents still tend to happen. These types of accidents involve a construction worker getting pinched, compressed, squeezed, or crushed between two or more objects, which often occur from equipment rollovers, cave-ins, and collapsing material.
Common Construction Injuries Resulting From a West Palm Beach Construction Accident
If a construction worker is involved in a West Palm Beach construction accident, they can sustain catastrophic injuries that can impact the rest of their life.
Although these injuries can differ depending on the circumstances of the situation, some of the more common injuries that are associated with these types of accidents include:
- Traumatic brain injuries
- Neck injuries
- Back injuries
- Spinal cord trauma
- Broken bones
- Severe burns
- Deep lacerations
- Soft tissue injuries
- Knee trauma
- Shoulder injuries
- Internal injuries, including internal organ damage and internal bleeding
- Disfiguring facial trauma and eye injuries
- Post Traumatic Stress Disorder
- Exposure to toxic chemicals
- Wrongful death
Actions To Take Following a West Palm Beach Construction Accident
Construction accident scenes are often chaotic, stressful, and overwhelming. Yet, following these horrific incidents, it is still important to take action. This is because the steps you take after this accident are not only necessary in keeping you safe but in protecting your legal rights as well. That is why following your West Palm Beach construction accident, you should consider doing the following:
Contact the Authorities
If the construction accident resulted in serious injuries, it is important to contact 911 immediately after the accident. This is not only the fastest way to get your construction accident on record but to notify emergency medical crews that you or someone at the scene needs medical help.
dditionally, once the police arrive, they can investigate this construction accident, jotting down details about what happened in their police report. If you decide to pursue an injury claim following this accident, this police report can provide you with valuable information about the incident.
Get to a Doctor as Soon as Possible
Even if you do not think you require emergency medical treatment, you still need to get to a doctor as soon as possible following your construction accident. This is because it can take days to even weeks for symptoms of a serious injury such as brain trauma to manifest.
Yet, the longer you wait to get medical help, the more deadly the injury can become. For these reasons, it is best not to delay. Rather, you should get examined by your doctor as soon as you can following your West Palm Beach construction accident.
In addition, getting this prompt medical assistance can also help your legal claim. Insurance companies are looking for any reason to deny your case or pay you less than you deserve. By not getting prompt medical treatment after your construction accident, these insurers may argue that your injuries are not that serious or result from a subsequent event.
Fortunately, when you get looked over by a doctor following your accident, these physicians can write down information regarding your injuries in their medical report, providing you with a direct connection between the construction accident and the harm you sustained.
Talk to Your Employer Immediately
After you get the emergency medical treatments you need, make sure you speak to your employer about the construction accident as soon as possible. In Florida, employees who suffer an injury on the job need to discuss their injury with their employer within 30 days after the date of the accident or the date of the initial manifestation of the injury.
Typically, the reasons behind this reporting are to help make claims appear more reliable and valid in the eyes of the employer, the insurance company, and the court and to help make worksites safer following an accident, ensuring that the same accident is prevented from happening time and time again.
However, when you report this incident to the employer, make sure you put everything down in writing and get a copy of this report for your records. In addition, try to be as detailed and specific about the accident as possible. This is because when you have a well-written account, it can provide you with valuable evidence, primarily if a dispute arises in the future about the accident.
Gather Evidence From the Construction Accident Scene
If you can, and the area is safe, try to get as much evidence from the accident scene as possible. This evidence should include photos and videos of your visible injuries, the dangerous conditions that caused your injury, torn or bloody clothing, the weather conditions at the time of the accident, any vehicles involved in the incident, and any other evidence that can help show what happened.
Additionally, try to keep a record of all the medical expenses and other bills related to your construction accident. This can help your lawyer accurately calculate how much compensation they need to fight for down the line.
Get Witness Contact Information
If there were people at the scene who saw what happened, try to get their contact information. These witness statements can often provide you with valuable details regarding the incident and also help substantiate your claim.
Hold on to Your Employers Correspondence
If you emailed your employer or boss anything regarding your construction accident or your injuries, you need to make sure you keep a copy of this correspondence in a folder. In addition, if you took notes regarding any communication you had with your employer regarding the accident, you will also want to include those notes in the folder.
Do Not Talk to the Insurance Company Unprepared
Following a construction accident, the insurance company may be calling. However, before you decide to give a statement to the insurance adjuster regarding your construction accident, it is in your best interest to first discuss the accident with a construction accident lawyer, like those at the Shiner Law Group. This is because insurance companies will try to do anything they can to get you to admit fault for the accident so that they can justify paying you less than you deserve or denying your claim altogether.
Yet, if you work with a construction accident lawyer, these attorneys can not only make sure you understand what things you should and should not discuss with the insurance company, but they can also take over these conversations for you—helping to ensure you do not say anything that can hurt your claim.
West Palm Beach Construction Accident FAQ
Following a construction accident in West Palm Beach, where you have been injured because of the wrongful actions of a third party, you likely want answers. That is why the Shiner Law Group has prepared the below frequently asked questions that our clients often have after a construction accident. We hope with this information, you have a better understanding of the legal remedies you can pursue, the compensation you may be entitled to, and how our legal team could help you fight for the justice you deserve.
1. How Do You Know if You Have a Valid Third-Party Injury Claim Following a West Palm Beach Construction Accident?
After a construction accident, there are often numerous factors that go into determining whether an individual has a valid third-party injury claim, such as:
- Was the victim injured in the construction accident?
- Was the harm the result of a third party’s actions?
- What was the severity of the victim’s injuries?
- Is there time to file the claim, or has the statute of limitations expired?
- Is there insurance available after the construction accident?
For these reasons, it is important to speak with a West Palm Beach construction accident lawyer, like those at the Shiner Law Group, as soon as possible. These lawyers can investigate your accident, review these factors, and determine whether you have a viable injury claim.
2. What Types of Compensation Are You Entitled To If You Purse a Third-Party Lawsuit For Your West Palm Beach Construction Accident Injuries?
If you have been injured in a West Palm Beach construction accident because of a third party’s negligent, wrongful, or reckless actions, you may be entitled to certain types of damages. These damages can include:
Economic Damages: These damages refer to the actual and quantifiable losses that occur after an accident, including:
- Medical bills including past, present, and future medical expenses such as hospital stay, emergency room visits, doctor visits, prescription medications, labs, assistive medical devices, and surgeries
- Lost wages
- Lost earning capacity
- Personal property damage
- Rehabilitative services, including physical and occupational therapy
- At-home nursing care
- Replacement services such as grocery shopping services, cleaning services, and child-care services
- Other out-of-pocket expenses
Non-economic Damages: These damages refer to the subjective losses that result from an accident.
They are usually not easy to quantify and tend to include the following losses:
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Mental anguish
- Loss of a limb
- Loss of companionship
Punitive Damages: In some instances, punitive damages are also available. However, unlike the compensatory damages, which are intended to compensate the victim for their injuries, punitive damages are there to punish the wrongdoer for their egregious conduct and to deter others from committing this act in the future. Yet, in Florida, these punitive damages are only awarded when the victim’s attorney can show with clear and convincing evidence that the defendant was guilty of gross negligence or intentional misconduct.
3. How Much Money Can You Get From a Third- Party Injury Claim Following a West Palm Beach Construction Accident?
Although this question is one of the most frequently asked by our clients, the answer is not as simple as many hope it to be. In truth, it is difficult to determine exactly how much money you can receive after a construction accident because there are just too many factors that can impact the value of the claim.
For instance, consider these factors:
- The age of the victim at the time of the construction accident
- The extent of the victim’s harm following the construction accident
- The victim’s overall health at the time of the construction accident
- The medical treatments that the victim will need now and in the future
- The duration of these treatments
- The possibility of a recovery following the construction accident and the timeline of this recovery
- The extent of the victim’s pain and suffering following the construction accident
- The defendant’s culpability
- The credibility of the evidence and witnesses presented
- The victim’s ability to resume their normal activities after their construction accident
As a result of these factors, no lawyer can tell you precisely how much money you can get from a third-party injury claim following a construction accident. However, they can review these factors, figure out which ones can impact your claim, and prepare a strong legal case in response to them—making sure to go after the maximum compensation you need. That is why, if you have been harmed in a West Palm Beach construction accident, you should reach out to a construction attorney, like those at the Shiner Law Group, as soon as possible.
4. If You Have Been Harmed in a West Palm Beach Construction Accident, and Bring a Third-Party Injury Claim, Will It Automatically Head to Trial?
Unlike the movies, where every case seems to head to trial, most injury claims in the United States are often settled before they even get to trial.
However, since no two cases are exactly the same, the answer to this question will also depend on:
- The type of injuries you suffered following the construction accident and the extent of your injuries
- The strength of your claim
- The lawyer’s ability to convince the defense and the insurance company that they do not want to go to trial
Due to these complexities, reach out to a West Palm Beach construction accident lawyer after your accident. These attorneys can review what happened, figure out if you have a viable legal claim, and help you determine the best legal option you should pursue.
5. How Long Does It Take to Settle a Third-Party Injury Claim After a West Palm Beach Construction Accident?
It is often challenging to determine how long settlement negotiations will take in a construction accident case, as they usually differ from one case to another. Typically, the answer will depend on the recovery. For instance, if the construction accident involves a substantial injury or a significant amount of money, the negotiations will often take longer since the insurance company will most likely fight harder for this compensation. Plus, if liability for the accident is unclear, these settlement talks may also be drawn out.
However, to help ensure your case is treated with the respect it deserves, you should speak to a skilled construction accident attorney such as those at the Shiner Law Group as soon as possible following your West Palm Beach construction accident. These attorneys can help ensure that you are not taken advantage of by the other side while they fight for the fair offer you deserve.
6. How Do You Show That a Third Party Was Responsible for Your West Palm Beach Construction Accident?
If you are considering pursuing a third-party lawsuit following a West Palm Beach construction accident, you need to show that the other party was responsible for the harm and losses you endured. This means you need to show that the third-party’s negligent, wrongful, or intentional actions caused your injuries.
Generally, when it comes to proving negligence, your attorney would need to establish the following elements:
- The liable third party owed you a duty of care
- The liable third party breached this duty of care
- This breach was the direct and proximate cause of your injuries
- As a result of this breach, you suffered substantial monetary losses and damages.
It is often challenging to prove that a third party was responsible for your injuries following a construction accident. However, with an experienced construction accident lawyer on your side, they can take on this complicated legal investigation for you—helping to ensure that they secure the evidence necessary to prove liability and go after the financial recovery you are entitled to.
7. How Much Time You Have to File a Third-Party Injury Claim Following a Construction Accident in West Palm Beach?
The statute of limitations is a law that tells you the maximum amount of time you have to file a claim following an alleged offense. If you do not file this claim within that allotted time, you can be barred from collecting compensation for your injuries and losses.
In Florida, the statute of limitations to file an injury claim following a construction accident is four years from the date of the injury. However, there are numerous exceptions to this rule that can impact the amount of time you have to file your case. That is why it is best not to wait to pursue legal action.
Instead, following your West Palm Beach construction accident, you should reach out to a construction accident lawyer, like those at the Shiner Law Group, as soon as possible. These attorneys can review your case, determine how much time you have to file your claim, and help ensure that all of your legal motions are adequately prepared and filed before the statute of limitations expires.
8. If Your Loved One Passed Away in a West Palm Beach Construction Accident, Are There Legal Options You Can Pursue?
If your loved one passed away in a construction accident in West Palm Beach, you may be able to bring a wrongful death lawsuit against the liable parties. Generally, this lawsuit will be brought by the deceased’s estate’s personal representative, but family members of the deceased will be able to recover damages for the wrongful death.
These types of damages can include lost wages the decedent would have earned had they not passed away, the value of other benefits such as life insurance or retirement benefits, and even the loss of guidance, affection, love, and compassion.
However, to figure out if you have a valid wrongful death case following your loved one’s passing in a construction accident, it is recommended you reach out to a skilled construction accident lawyer as quickly as you can. These attorneys can verify whether you have a viable claim and help you go after all the compensation you are entitled to after your loved one’s untimely passing.
9. Following a West Palm Beach Construction Accident, How Can the Shiner Law Group Help?
Following your West Palm Beach construction accident, it is very likely that you and your family are going through a lot. Not only dealing with the devastating injuries that occurred but the astronomical medical expenses that you are now on the hook for. However, you do not have to go through this challenging ordeal on your own. With a construction accident lawyer on your side, like those at the Shiner Law Group, you can have dedicated and knowledgeable legal counsel fighting for the compensation and justice you deserve.
Once retained, these attorneys can:
- Go over your construction accident in detail, evaluate your potential legal claim, and determine the legal options you have.
- Answer all the questions and concerns you have regarding your West Palm Beach construction accident.
- Investigate your construction accident and gather the evidence required to prove liability and damages.
- Bring in experts such as accident reconstructionists and doctors to substantiate your claim.
- Hold all the liable parties accountable for the harm you sustained.
- File all legal documents before time runs out.
- Tackle all the discussions and negotiations with the other side and fight for a just settlement on your behalf.
- Proceed to trial if the other side is unwilling to negotiate and go after maximum compensation.
Speak With A West Palm Beach Construction Accident Attorney Today
If a West Palm Beach construction accident affected your life or the life of a loved one, take action and seek the legal help you need. Contact the Shiner Law Group today at (561) 777-7700 for your free case consultation and let our West Palm Beach construction accident attorneys show you how they can fight for you and your rights.