How Orlando Construction Accident Lawyers Can Help in Big Pine Key, FL

When you meet for a free case evaluation with one of the experienced attorneys at Morgan & Morgan, one of the first items on the agenda regards determining the cause of your construction accident. From our more than three decades of experience, we have come up with a list of the three most common causes of construction accidents.

Elevated Fall

Falls from an elevation represent more than 40 percent of all construction accidents. Elevated falls include falling from a roof, ladder, and scaffold. Victims of elevated construction falls can either file a workers’ compensation claim or a civil lawsuit that seeks monetary damages, depending on the circumstances that caused the elevated fall. Many of the injuries that result from an elevated fall can be serious, such as brain trauma and spinal cord damage.

Slip and Fall

A slip and fall, which also covers a trip and fall, represents one of the most common reasons why a victim files a premises liability lawsuit against a property owner or the general contractor managing a construction project. According to a study released by the Occupational Safety and Health Administration (OSHA), slip and falls are one of the most common types of construction accidents that injures a worker or visitor. Debris, poor lighting, and moisture on the ground can cause injuries such as a concussion, as well as a fractured arm or wrist.

Forklift 

Despite mandatory training provided by a general or independent contractor, forklift accidents remain a common cause of construction accidents. From not following safety protocols to operating a forklift under the influence, forklift-related injuries often cause serious, if not life-threatening injuries. Failure of one or more parts also contributes to the accident statistics generated by forklift accidents.

How you respond to a construction accident determines whether you receive just compensation for your injuries or get no financial relief because you did not follow the proper procedures. You should follow each of these steps, regardless of whether the construction accident turns into a workers’ compensation or personal injury case.

Receive Medical Care

Getting medical care is the first item on your to-do list for both a workers’ compensation and personal injury case. You must undergo diagnostic tests, which confirm the extent of your injuries. Even if you feel healthy, you should schedule an appointment with a physician to complete a series of tests. Some injuries do not develop symptoms until hours or even a couple of days after a construction accident.

Inform the General Contractor

As the manager of a construction project, the general contractor assumes responsibility for processing workers' compensation claims. The general contractor also is the party responsible for addressing personal injury cases. You need to inform the employer, which in this case is the general contractor, to initiate the workers’ compensation claim process. The general contractor provides you with the documents you need to submit to the Florida Division of Workers’ Compensation.

Hire One of the Best Big Pine Key, FL Construction Accident Lawyers

Whether you have a workers’ compensation or personal injury case, hiring a highly-rated construction lawyer in Big Pine Key, FL helps you submit the proper paperwork for your claim. When you meet with one of the Orlando construction accident lawyers who handles cases for clients living in Big Pine Key, FL, you should be able to determine which type of legal practice covers your case. Once your lawyer determines the type of legal practice, you start preparing a persuasive workers’ compensation claim or a civil lawsuit that seeks monetary damages.

Collect Evidence

One of the most important reasons to hire an attorney as quickly as possible after a construction accident is to collect and organize the evidence you need to receive just compensation for your injuries. Morgan & Morgan has more than 1,500 properly credentialed support team members that help us litigate cases. For your construction accident case, we send a team of investigators into the field to collect and organize the evidence you need to get approved for a workers’ comp claim or to win a favorable legal judgment.

Filing a workers’ compensation claim in Florida is a relatively painless process. You request paperwork from your employer, complete the documents, and hand the paperwork back to your employer. Your employer submits the paperwork to the employer’s insurance company and the Florida Division of Workers’ Compensation. Then, you wait for a decision from your employer’s workers’ compensation insurance company.

If your personal injury attorney recommends filing a civil lawsuit that seeks monetary damages, the legal process becomes more complicated. One of the most important reasons to hire an experienced team of construction accident lawyers in Big Pine Key, FL is to follow several steps involved in the litigation process.

Submit a Demand Letter

Submitting a demand letter to the lawyer representing the other party informs the attorney that you plan to file a civil lawsuit that seeks monetary damages. The demand letter that you submit should include the value of just compensation, as well as a thorough description of the events that happened before, during, and after the construction accident. You also should submit copies of all expenses, with a focus on submitting a copy of every medical bill.

Negotiate a Settlement

Before filing a civil lawsuit, your construction accident lawyer might try to negotiate a favorable settlement with the other party’s attorney. You can seek just compensation without having to endure a costly and time-consuming trial. Negotiations start when your construction accident attorney sends the other party’s lawyer an offer. The other party’s attorney then either accepts the offer or submits a counteroffer. After that, both sides submit counteroffers until either both parties reach a settlement or one party decides to take the case to the trial phase of the litigation process.

File a Civil Lawsuit

Filing a civil lawsuit communicates your intent to seek just compensation for the injuries you sustained because of a construction accident. The key is to prove the other party committed one or more acts of negligence to justify the filing of a civil lawsuit. If your employer’s insurance company refuses to pay out for a workers’ compensation claim, you have the right to seek compensation by filing a civil lawsuit. Your attorney describes the legal principles covering your lawsuit, as well as presents the convincing evidence that supports your allegations.

Discovery

Discovery represents a phase in the litigation process that provides both parties with an opportunity to examine all the evidence gathered by both sides, as well as interview witnesses before they are called to testify under oath. The discovery phase of the litigation process allows both parties to determine whether continuing with the trial phase is worth the time and money. Discovery also gives both sides a second chance to negotiate a settlement.

Trial

During a civil trial, you can expect to answer questions while under oath that come from both your attorney and the legal counsel representing the other party. The construction accident attorney from Morgan & Morgan will prepare you to answer questions before the civil trial starts. Personal injury litigation can take just a few days or as long as several months before the judge hearing your case issues a decision.

Because Florida establishes the legal guidelines for both workers’ compensation and personal injury cases, the attorney representing you from Morgan & Morgan does not have to live in Big Pine Key, FL to provide legal support. A lawyer from as far away as Orlando can provide the legal support you need to receive just compensation for your construction accident injuries.

One of the most important types of support involves ensuring you meet the deadlines mandated by both workers’ compensation and personal injury statutes. You have a limited amount of time to inform your employer about a workers’ compensation claim. For the filing of a personal injury lawsuit, you have four years from the day of the construction accident to submit the correct documents to the civil court.

Schedule a free case evaluation today with one of our Florida construction accident attorneys.