Blasting Rock Quarry Verdicts

Blasting Rock Quarry Verdicts

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Blasting Rock Quarry Verdicts

Not so long ago, quarries sat miles away from human settlement. But thanks to urbanization, these sites are moving closer to our homes. On the contrary, one might argue that homes are moving closer to quarries. Either way, the main issue here is that the blasts from quarries cause damage to both commercial and residential properties surrounding them.

If you live close to a quarry and recently noticed cracks and other signs of damage caused by blasting, you may be eligible for compensation.

But how much compensation can you recover from such a lawsuit or claim?

In this article, we'll discuss everything you need to know about blasting damage claims, what signs to look out for if you live close to a quarry, and most importantly, what kind of compensation to expect from such a lawsuit.

Overview of Recent Rock Quarry Verdicts

In Broward County, Miami, Florida, a jury recently awarded homeowners Zabrariel Moss and Reshanda McDonald Moss a $40,000 verdict following a lawsuit against their homeowner's insurance company. The duo had filed a lawsuit against their insurance company for damages their home sustained due to the effects of blasting.

A week earlier, a court awarded Hialeah homeowners Lourdes and Carlos Llamazeares a $22.032.46 verdict against their homeowner's insurance provider. The two had filed the lawsuit after their home suffered blasting damage.

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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

  • What Are Some Common Signs of Blasting Rock Quarry Damages?

    Before we discuss some of the most common signs of damage caused by blasting at a quarry, it's important to note that most, if not all, companies involved in rock blasting don't usually recognize this problem. In fact, it's the property owner's responsibility to prove that the damage to their property derives from blasting rocks at the quarry. This, of course, isn't usually an easy thing to do.

    More on that shortly.

    Although most mining companies don't acknowledge these damages for obvious reasons (to protect themselves in the event of a lawsuit), some jurisdictions recognize blasting as a potential reason for property damage.

    For example, Florida is home to many quarries involved in rock blasting. Reports indicate that at least nine mining quarries in Miami-Dade county operate with active mining permits.

    As a result, cities like Miramar acknowledge blasting as a potential cause of damage to property within the city. This means that you can actually file a claim with your homeowner's insurance company if you can prove that your property got damaged due to the blasting activities at a nearby quarry.

    But how do you even know that you may have a valid claim? Here are some common signs of damage potentially caused by blasting.

    In most cases, you'll notice cracks in the following areas:

    • Foundations
    • Driveways
    • Walls and ceilings
    • Pools and pool decking
    • Flooring tiles and backsplashes
    • Concrete floors
  • Do You Need a Lawyer to File a Claim?

    When you notice significant damage to your property due to blasting, you may be tempted to file a claim without an attorney. While you can still file the claim, doing so without an attorney isn't always advisable. To put things into perspective, let's discuss how an attorney can help in these situations.

    The Validity of Your Claim

    Living close to a quarry significantly increases the chances of damage to your property. This is due to the vibration caused by these blasts. That said, not every case is valid. Some cases of property damage occur due to poor designs, low-quality building materials, and so on. For this reason, it's important to know whether your case is valid before filing a claim or lawsuit.

    You can't make any assumptions about these kinds of cases—you need facts.

    Let's look at the Mosses case we discussed earlier as an example. When the plaintiff filed a lawsuit against the insurance company, one of their defenses was that the damage occurred due “to imperceptible shifts caused by heat from the sun and concrete shrinkage or settling into the soil.”

    But that wasn't true.

    Rather, Morgan and Morgan attorneys discovered that blasts from nearby mines caused the damage.

    In the lawsuit filed by Morgan and Morgan attorneys on behalf of the plaintiff, Lourdes and Carlos Llamazares, the defense filed a motion for summary judgment and two motions to dismiss. Their actions prove how far insurance companies can go to deny their policyholders the compensation they need and deserve to repair their homes after blasting damage.

    But thanks to attorneys Mark Nation, Krystina Sanchez, Fred Pye and Jeff Decarlo, all from Morgan & Morgan's Insurance Recovery Group, the court denied both motions before awarding the duo a $22.032.46 verdict.

    Knowing Where to File a Your Claim

    In most jurisdictions, the law protects companies involved in rock blasting from such lawsuits. But not to worry, an experienced attorney can help you determine liability, ensuring you're filing a claim with the right parties.

    Most of these lawsuits target homeowners' insurance companies. However, this will also depend on the specific terms of your insurance policy. An experienced attorney can help review your insurance policy to determine whether you're covered. It's also important to note that most insurance policies won't explicitly mention that you're covered against blasting damage.

    This is actually one of the many tactics insurance companies use to prevent eligible clients from claiming what they're entitled to per the terms of their policy. But you shouldn't be concerned about that when you have an experienced attorney by your side. The attorney will review your homeowners' insurance policy to determine whether you're eligible for coverage. And if eligible, the attorney will also help you file a claim with the insurer.

    For example, in a lawsuit filed by Morgan and Morgan on behalf of their clients Mario and Ivet Bermudez against Tower Hill Prime Insurance, our attorneys discovered that the clients had all-risk coverage. Despite being eligible for coverage, the insurance company had denied the initial claim filed by the policyholder. The case was settled for $62,000 only after Morgan and Morgan attorneys had confronted the defense facts.

    Keeping Up With Crucial Deadlines

    If you take too long to file a claim, chances are the other party will likely deny it, citing missed deadlines. The last thing you want is to lose a valid claim because you couldn't keep up with these crucial deadlines. It's also important to note that these deadlines vary depending on the specifics of the case.

    For instance, when Morgan and Morgan filed a claim against Tower Hill Prime Insurance on behalf of their client, the insurance company argued that the claim was suspicious given that it had been filed two years after the reported loss. This tells you one thing; timing is crucial in these kinds of cases. Therefore, the sooner you speak with an experienced attorney, the better your chances of beating these deadlines.   

    The client obtained compensation even though the insurer had initially questioned the two-year delay. Also, keep in mind that in these kinds of cases, such delays can significantly influence the amount you may be able to recover as compensation. Therefore, speaking with an experienced lawyer is one of the best ways to learn more about these crucial deadlines and how to use them to your advantage.

    And if you're looking for such an attorney, Morgan and Morgan is the law firm to contact.

  • Why Morgan and Morgan?

    Many law firms across the country handle these kinds of cases. However, Morgan and Morgan stands out for the following reasons:

    We Have Powerful Legal Resources to Fight for You

    Blasting damage lawsuits require a lot of resources to pursue and win. Based on the real-life examples mentioned earlier, insurance companies don't usually agree to settle these kinds of cases without a fight. That's why you need a law firm with powerful legal resources to build a strong case against the liable party.

    Because we're the largest personal injury law firm in the US, you can count on us when you need a well-equipped team of attorneys to fight for you. Another great benefit of having powerful legal resources is that it's always possible to maximize a claim due to the extensive research on a case. That means you won't have to settle for less; your attorneys know the true value of your case.

    We Have Proven Experience Handling Blasting Damage Lawsuits

    Since blasting damage lawsuits are complex, you shouldn't trust just any law firm or attorney that wants to take on your case. Instead, if you truly value your property, consider working with attorneys or law firms with a proven track record. That's where Morgan and Morgan comes in.

    We've helped our clients win blasting damage lawsuits and receive compensation at times when they had lost all hope. Our attorneys are familiar with the tactics insurance companies use to avoid liability and are always prepared to outsmart them in their own game. Some of our most recent victories include:

    • The $62,000 verdict awarded to Mario and Ivet Bermudez
    • The $40,0000 verdict awarded Zabrariel Moss and Reshanda McDonald Moss
    • The $22.032.46 verdict awarded to Lourdes and Carlos Llamazares

    These results prove that we're not all talk without action. But, most importantly, it proves that just as long as you have a valid case, Morgan and Morgan will do whatever it takes to win.

    You Don't Owe Us Anything Unless We Win

    Most people are always concerned about the costs involved before hiring an attorney. But you shouldn't be concerned about that when you contact Morgan and Morgan.

    We provide our legal services on a contingency basis, meaning you'll only pay us if we win. In other words, no win, no pay.

    This system gives you peace of mind because you have nothing to lose when you let us fight for you. You shouldn't spend your own money or resources on the case when you can have a powerful law firm like Morgan and Morgan take charge of everything with no risks involved.

    Additionally, we don't charge any consultation fees. If you believe your home has been damaged by blasting rocks in a nearby quarry, fill out our case evaluation form. We will review your case for free and let you know if you have a valid claim against the liable party. And if your claim is valid, we will fight for you in and out of court.

  • Can I Sue the Quarry Mines?

    It all depends on the jurisdiction. For example, in Florida, the law protects mines from being sued over blasting. If you have concerns about blasting damage on your property and where to file a claim or lawsuit, contact Morgan and Morgan for a free case evaluation.

  • What Damages Can I Recover From a Blasting Damage Lawsuit?

    Other than the cost of repairing your property, you may be able to seek compensation for annoyance, inconvenience, mental anguish, etc. Depending on the severity of the situation, the court might also award you punitive damages.

  • What Should I Do If My Property Gets Damaged Due to Blasting?

    As soon as you notice damages caused by blasting, take photos and videos of the damage. If possible, make temporary repairs to prevent further damage or theft.

    Make sure you keep all records of the expenses. Then, contact your homeowners' insurance to inform them about the damage.

    Lastly, fill out our free case evaluation form. You might be eligible for compensation by your homeowners' insurance company.

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