Miami Construction Accident Lawyer

Construction sites are common across Miami and South Florida – from South Beach to Port Miami. Miami’s skyline is a testament to the city’s ongoing construction boom. According to the Miami Downtown Development Authority, in one recent year, over 32,000 residential units were under construction or in the planning stages in downtown Miami alone. This growth brings jobs and economic prosperity but also increases the risk of construction accidents.

If you’ve been hurt in a construction accident, you’re not alone. Every year, countless individuals – from passersby to residents near construction sites and even subcontractors – find themselves struggling with construction-related injuries.

Let’s face it: dealing with a construction accident is tough. You’re hurting, you’re worried about medical bills, and you might be unable to work. It’s a lot to handle on your own. That’s where a skilled construction accident lawyer comes in. At Prosper Shaked Accident Injury Attorneys, PA., we are here to help you navigate this challenging time and fight for the compensation you deserve.

Why You Need a Miami Construction Accident Lawyer

When you’re reeling from a construction accident, the last thing you want to do is tangle with insurance companies or try to understand complex legal jargon. Here’s why having a lawyer on your side is crucial:

1. Understanding of Florida Law: Construction accidents fall under specific state laws. For example, Florida Statute 440.09 outlines workers’ compensation benefits for construction workers injured on the job. But what if you’re not a worker? What if you’re a passerby or a subcontractor? A Miami construction accident attorney knows how different laws apply to various situations.
2. Dealing with Insurance Companies: Insurance adjusters might seem friendly, but remember, their job is to save their company money. They might offer a quick settlement that seems good initially but falls short of covering your long-term needs. Your attorney will know the true value of your claim and negotiate on your behalf.
3. Investigating Your Accident: Determining who’s at fault in a construction accident can be tricky. Was it the general contractor? A subcontractor? The property owner? Your construction lawyer will thoroughly investigate, gather evidence, and interview witnesses to build a strong case.
4. Understanding the Full Extent of Your Injuries: Some injuries, particularly those to the back or brain, might not show their full impact immediately. Your lawyer will work with medical experts to understand the long-term implications of your injuries, ensuring you’re compensated for current medical bills and future care.
5. Navigating Complex Cases: If your construction site accident involved multiple parties or resulted in severe injuries, your case could become complex. A seasoned lawyer knows how to handle these intricacies, whether it’s dealing with multiple insurance companies or bringing in expert witnesses.
6. No Upfront Costs: Most construction accident lawyers, including Prosper Shaked, work on a contingency fee basis. This means you don’t pay unless you win your case. It’s a risk-free way to get the legal help you need.

Construction Accidents in Miami: A Closer Look

Miami’s skyline is constantly changing, with new buildings reaching toward the clouds. But this progress comes at a cost. According to the U.S. Bureau of Labor Statistics, about 150,000 workers nationwide suffer injuries in construction accidents each year. Falls top the list as the leading cause of these incidents. The most vulnerable? Workers between 25 and 34 years old, 

Even more alarming is the human cost. Over 1,000 construction workers lose their lives on the job annually across the country, cementing construction’s reputation as one of America’s most hazardous industries. In Florida, the statistics hit close to home: here in the Sunshine State, construction accidents accounted for a staggering 44% of all work-related fatalities in the state.

These aren’t just numbers. They’re stories of workers, families, and communities forever changed by preventable accidents.

One of the most devastating construction accidents in Miami’s history occurred at a parking garage project near Miami Dade College’s West Campus. The collapse resulted in multiple fatalities and injuries, highlighting the potential dangers lurking on construction sites. 

Another recent construction accident was the Surfside condominium collapse. This collapse in the Miami suburb of Surfside, Florida, was thought to have been caused by multiple factors, including inadequate construction of the complex and potential damage caused by construction on an adjacent site. 

These accidents aren’t just statistics – they’re life-altering events for the individuals and families involved. That’s why having a dedicated legal advocate is so crucial.

Common Types of Construction Accidents in Miami

Some of the most common types of accidents include:

1. Falls from Heights: Whether it’s from scaffolding, ladders, or unfinished floors, falls are a leading cause of construction injuries.
2. Struck by Objects: Tools, materials, or debris falling from above can cause serious harm.
3. Electrocutions: Exposed wiring, faulty equipment, or contact with power lines can lead to electrocution and severe electrical injuries.
4. Caught-In/Between: Workers can get caught in machinery or between heavy objects, leading to crushing injuries.
5. Trench Collapses: Improperly secured trenches can cave in, trapping and injuring workers.
6. Equipment Accidents: Misuse or malfunction of heavy machinery like cranes or forklifts can result in severe injuries.
7. Exposure to Hazardous Materials: Construction often involves dangerous chemicals or materials that can cause illness or injury if proper safety protocols aren’t followed.

Other types of construction accidents include:

• Heavy and dangerous machinery
• Stepladders collapsing
• Improper lifting and repetitive motion injuries
• Slip and falls
• Lack of respiratory protection
• Evacuation and trench walls collapsing
• Power tool accidents
• Fires and explosions
• Vehicle accidents
• Inadequate hazard communication
• Welding accidents

Each type of accident requires a different approach to determining liability and seeking compensation. That’s where the expertise of a Miami construction accident lawyer becomes invaluable.

Common Construction Accident Injuries

As Construction Accident Lawyers, we understand that construction is a broad field with a wide variety of occupations. Thus, the types of injuries that construction employees sustain at work are vast and range from mild to severe. Some of the gravest construction accidents result in death. Below is a list of common injuries that occur at construction work sites:

• Burns and scarring
• Broken bones
• Fractures
• Neck, shoulder and back injuries
• Knee and ankle injuries
• Vision impairment and blindness
• Spinal cord injuries
• Brain injuries
• Head and skull injuries
• Disease and illness caused by exposure to toxic chemicals
• Muscle sprains and strains
• Cuts and lacerations
• Hearing loss
• Heat stroke
• Loss of limbs
• Severed nerves
• Dislocations
• Paralysis
• Death

The Role of OSHA in Construction Accidents

The Occupational Safety and Health Administration (OSHA) prevents construction accidents and holds negligent parties accountable. OSHA sets and enforces safety standards for workplaces, including construction sites.

After a serious accident, OSHA may investigate to determine if any safety violations occurred. The findings of these investigations can be crucial evidence in your case. Your Miami construction accident lawyer will know how to obtain and use OSHA reports to strengthen your claim.

Some common OSHA violations on construction sites include:

• Lack of fall protection
• Improper scaffolding
• Inadequate respiratory protection
• Faulty electrical wiring
• Lack of proper machine guarding

If your accident resulted from an OSHA violation, it could strengthen your case for negligence against the responsible party.

Who’s Responsible When a Construction Accident Occurs?

Determining responsibility isn’t always straightforward when a construction accident in Miami happens. Multiple parties may share liability, depending on the specific circumstances of the incident, including:

1. General Contractors. General contractors oversee the entire construction project and are responsible for ensuring overall site safety, coordinating between subcontractors, and implementing and enforcing safety protocols. They can be held liable if they fail to maintain a safe work environment, address known hazards, or train or supervise workers properly. 
2. Subcontractors. Subcontractors are responsible for specific aspects of the project and the safety of their own workers. They may be liable if they create hazardous conditions or their workers cause accidents due to negligence. They may also bear responsibility for a construction accident if their workers fail to follow the safety regulations of their trade. 
3. Property Owners. Property owners can be held responsible if they’re aware of dangerous conditions and fail to address them or hire unlicensed or unqualified contractors. 
4. Equipment Manufacturers. If faulty equipment causes an accident, the manufacturer may be liable. This could apply to defective tools or machinery, inadequate safety features, or improper warnings or instructions. 
5. Architects and Engineers. These professionals may be responsible if accidents result from design flaws, incorrect specifications, or a failure to comply with building codes and safety regulations. 
6. Construction Managers. Construction managers can be liable if they fail to coordinate safety efforts between different contractors, don’t address safety concerns raised by workers, or if they neglect to enforce safety protocols.
7. Material Suppliers. Suppliers might be responsible if they provide defective materials, don’t properly label hazardous materials, or fail to provide necessary safety information about materials.
8. Other Workers. In some cases, individual workers might be held partially responsible if their negligent actions contributed to the accident.

The Complexity of Liability in Miami Construction Accidents

It’s important to note that in many Miami construction accidents, multiple parties may share responsibility. For example, a fall from scaffolding could involve:

• The general contractor for not ensuring proper fall protection
• The subcontractor who erected the scaffolding
• The scaffolding manufacturer if the equipment was defective
• The property owner if they were aware of unsafe conditions

Workers’ Compensation and Third-Party Claims

In Florida, most employees are covered by workers’ compensation insurance, which provides benefits regardless of fault. However, workers’ comp benefits are often limited and may not fully cover all losses.

In many cases, injured workers can also pursue third-party claims against responsible parties other than their employer. These claims can provide additional compensation for:

• Pain and suffering
• Full lost wages
• Loss of future earning capacity
• Other damages not covered by workers’ compensation

Miami Construction Accident Compensation You May Be Entitled To

When contractors and builders fail in their responsibilities to protect everyone on the construction site, they’re not just cutting corners – they’re gambling with workers’ lives. Their negligence in any of these areas can turn a construction site into a danger zone, leading to accidents that could have been prevented.

We hold contractors and builders accountable for these essential safety practices. This protects workers and contributes to the long-term success and reputation of construction companies in our community.

The impact of a construction accident goes far beyond immediate medical bills. When we fight for your compensation, we consider all the ways your injury has affected your life:

1. Medical Expenses: This includes current and future medical treatments, surgeries, medications, and rehabilitation.
2. Lost Wages: If you’ve had to miss work due to your injuries, you may be entitled to compensation for lost income.
3. Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or working at all, you may be compensated for future lost earnings.
4. Pain and Suffering: This covers the physical pain and emotional distress caused by your injuries.
5. Loss of Enjoyment of Life: If your injuries prevent you from enjoying hobbies or activities you once loved, you may be compensated for this loss.
6. Punitive Damages: In cases of extreme negligence, the court may award additional damages to punish the responsible party and deter similar behavior in the future.

Remember, a skilled construction accident lawyer can fight for the compensation you deserve if you get hurt due to a Miami contractor’s or builder’s negligence.

Why Choose Our Miami Construction Accident Lawyers?

After a serious Miami construction accident, you need more than just legal representation – you need an advocate who understands what you’re going through and is committed to fighting for your rights. Here’s why our team stands out:

1. Experience: Attorney Prosper Shaked has handled countless construction accident cases in Miami. We know the local laws, courts, and insurance companies’ tactics to minimize payouts.
2. Resources: Building a strong case requires expert witnesses, accident reconstruction specialists, and thorough investigations. We have the resources to build the strongest possible case for you.
3. Compassion: We understand that you’re going through a difficult time. We’re not just your lawyers but your support system throughout this process.
4. Results: Our track record speaks for itself. We’ve secured significant settlements and verdicts for our clients, helping them rebuild their lives after serious accidents.
5. No Win, No Fee: We work on a contingency basis, meaning you don’t pay unless we win your case. This allows you to focus on your recovery without worrying about legal fees.

Throughout this process, we’ll be by your side, explaining each step and answering your questions. Our goal is to make this process as stress-free as possible for you, allowing you to focus on your recovery.

Frequently Asked Questions

We understand you likely have many questions about your situation. Here are answers to some common queries:

Q: How long do I have to file a claim after a construction accident in Miami? In Florida, you generally have two years from the accident date to file a personal injury lawsuit. However, it’s best to start the process as soon as possible while the evidence is fresh and the witnesses’ memories are clear.

Q: What if I was partially at fault for the accident? Florida follows a modified comparative negligence rule, meaning you can still recover damages even if you were partly at fault. Your compensation would be reduced by the percentage of your fault. For example, if the court finds that you are 20% at fault, you could still recover 80% of the damages.

Q: Can I still file a claim if I’m an undocumented worker? Yes. Your immigration status does not affect your right to seek compensation for injuries sustained in a Miami construction accident. We’re committed to protecting the rights of all workers, regardless of their immigration status.

Q: How much is my case worth? The value of your case depends on many factors, including the severity of your injuries, your medical expenses, lost wages, and the impact on your quality of life. We can give you a better estimate after reviewing the details of your case.

Contact Our Miami Construction Accident Lawyers Today

Construction accidents can turn your life upside down in an instant. But you don’t have to face this challenge alone. As your Miami construction accident lawyer, Prosper Shaked is here to help you recover the compensation you need – and deserve. 

We know how to obtain maximum compensation for construction accident victims in Miami and the rest of Florida. Call us at 305-694-2676 or fill out our confidential contact form so we can connect!