Construction cranes of high-rise residential buildings in the big city, view of the evening sky

Crane Accidents and Construction Injuries

by Children Injuries & AccidentsConstruction AccidentsHurricane Property DamageInsurance ClaimsParking Lot AccidentsPersonal InjuryPersonal Injury ClaimsPersonal Injury Law SuitPersonal Injury LawyerPremises LiabilityProperty DamageWork Related InjuriesWorkers CompWrongful Death

Crane Accidents and Construction Injuries 1 Insurance Claims South Florida Injury Law Firm

 

Imagine sleeping soundly in bed and then a loud crashing crane comes through your roof.
It was a scene that happened this week in North Miami Beach, where a crane that was being used to repair a seawall slid off a barge and struck the roof of a condominium building.

“I was very lucky because that crane was in front of my apartment two days ago.” said by C. Spetsiotas, a resident of the condo.

 

Eight units of the building are now off-limits while structural engineers assess the safety of the building. The U.S. Coast Guard is also investigating, along with OSHA

Crane accidents have happened in the past, with unfortunately worse outcomes. In Hallandale Beach, a 27 year old was killed when a crane toppled over.  One man died and two others were left injured in Hollywood when the scaffolding collapsed.

 

Causes of Construction Accidents

 

Florida construction sites are littered with hazards at every turn. To execute dangerous tasks that these projects require, heavy construction equipment and tools are used, many of which are performed at great heights and under extremely hazardous conditions.

Although federal and state laws that require employers to maintain a safe workplace, some do not. There are instances where contractors take shortcuts to turnaround projects faster and reduce expenses, posing a risk to people who work on the sites and the local pedestrians.

 

Some common causes of construction accidents include:

 

  • Cranes, ladders and fixtures falling from buildings and walls
  • Toxic substance exposure
  • Defective construction and tool equipment
  • Improper use of equipment
  • Improper or insufficient training
  • Misuse of tools and other equipment
  • Poor safety precautions and oversight

 

 

Construction Site Safety and Your Rights

Crane Accidents and Construction Injuries 3 Insurance Claims South Florida Injury Law Firm

Safety measures on construction sites are supposed to be followed by the Occupational Safety and Health Administration (OSHA) standards.  There are clear standards for cranes, crane operations, crane training, fall protection, scaffolding, ladders, hazard communication, machinery, and many other aspects of a construction site project and operations. A party’s failure to abide by OSHA standards may be evidence of negligence if that failure caused an accident.

If you or someone you know have suffered any construction related injuries, or others that are not listed, compensation may be awarded and should contact our experienced Florida construction accident lawyers at South Florida Injury Law Firm today to discuss your legal options with our Free Case Review

Also, you may be entitled to recover more money than a workers’ compensation claim alone could provide. You may also have claims for medical bills, pain and suffering, permanent limitations and past and future lost earnings.

Because of the numerous contractors, subcontractors and other parties often involved in construction sites, it can be difficult to determine exactly who should be held responsible for your injuries or the death of a loved one.

 

 

 

Types of Available Compensation

 

Workers’ Compensation
Almost every employer is required to carry workers’ compensation insurance. These benefits can help an injured worker cover medical expenses and lost wages and are available to a worker regardless of the circumstances surrounding an accident that causes injury.

 

Personal Injury
Although a worker cannot file an injury lawsuit against their employer, it may be possible to file a claim against a third party whose negligent actions led to your injury. A personal injury claim is also available to non-workers who are injured on a construction site.

 

Product Liability
If a defective product caused your injuries, it may be possible to bring a claim against the manufacturer, retailer or wholesaler of that product.

 

Wrongful Death
If you have lost a loved one in a construction accident, you may be entitled to file a wrongful death lawsuit seeking compensation for your loss.

 

 

Construction Related Accident and Injury Help

 

With decades of experience handling these types of complex cases, our South Florida Injury Law Firm construction accident lawyers have the skills and the resources needed to conduct a thorough investigation. You can rely on us to put your interests first and will work to help you recover the maximum compensation you are entitled.

 

Schedule a free consultation by calling (954) 488-JEFF (Fort Lauderdale), (954) 488-JEFF (Boca Raton & West Palm Beach), or 877-566-8759 (toll-free). You can also fill out this online form to set up your case evaluation. We’re a dedicated team of personal injury lawyers who work on a contingency basis and will take your calls at any time, on any day of the week.

Filing a Homeowners Insurance Claim in FL? Know Your Rights

Filing a Homeowners Insurance Claim in FL? Know Your Rights

by Bad Faith InsuranceHomeowners InsuranceInsurance Claims

Filing a Homeowners Insurance Claim in FL? Know Your Rights

As a homeowner, you pay your premium for homeowner’s insurance trusting that your insurer will do right by you in the event that the worst happens. That they will pay out for covered damages. This is known as acting in good faith.

Although most insurers operate ethically and meet their obligations to policyholders, it’s also important to remember that insurance companies are still businesses. They always have their own bottom line in mind. This means that it’s in the company’s best financial interest to pay out as little as is legally obligated for every claim that is filed. Sometimes they even go so far as to act in bad faith by avoiding their obligation to you.

As a homeowner, you can maximize your chance of receiving a full payout by making a few preparations ahead of incurring any damages, and knowing your rights when it comes time to file a claim.

To help you do this, we’ve put together a guide for Florida homeowners that details how to get the most out of your coverage, and also what rights you have as a policyholder during the claims process.

Before the Storm

Taking preventative measures before damages occur to your home will greatly increase your chances at getting the maximum possible payout on future claims, and also ensure that you will be eligible to receive compensation for covered damages to your home.

What does this entail?

Taking Inventory

Taking a room-by-room inventory of your home will enable you to provide complete and accurate information to the insurance company for easy processing of your claim. Having detailed documentation ready ahead of time will make the process much more hassle-free, and ensure that you receive full compensation for damages to your home and possessions.

Take a room-by-room inventory of valuables, electronics, furnishings, appliances, and clothing, including the estimated value of each item. Also don’t forget other areas such as closets, the basement, the attic, sheds, and major appliances such as your HVAC system.

Once the inventory is complete, estimate the full replacement cost of your property using current prices, and compare that amount to the coverage limit on your homeowner’s policy. If you feel that your property value exceeds your coverage limit, consider increasing your coverage.

Filing a Homeowners Insurance Claim in FL? Know Your Rights 4 Insurance Claims South Florida Injury Law Firm

Maintenance

Insurance companies will not cover damages that occur due to improper maintenance. For example, if you fail to maintain your roof and sustain water damage from a major storm, this damage may not be covered.

Make sure that your home is properly maintained by addressing maintenance concerns and hiring qualified professionals to perform routine maintenance checks.

Safety Preparations

If a major storm is headed your way, make sure that all policy information and your property inventory are in place and readily available should filing a claim become necessary.

Also make preparations to keep your family safe. For example, filling up your gas tank ahead of time should evacuation become necessary, planning evacuation routes, making advance plans for your pets, and securing your home against damages as best you can.

Should the need to evacuate arise, make sure you take important documents with you. This includes documentation regarding your home, personal documents, tax returns, insurance documents, and any important medical information for your family members.

The Homeowners Insurance Claims Process in Florida

If your home sustains a covered damage or loss, you should first determine if the loss exceeds your policy deductible. If it does, report the loss to your insurance company as soon as possible by filing a claim. If the covered loss is due to a hurricane but is less than your deductible, you should still file a claim, and make sure you save all invoices for repairs.

It’s important to file a claim in this case because your hurricane deducible is calculated by calendar year. This means if you’re hit by another hurricane later in the season, your prior damages will be applied to your deducible.

If your home has been damaged, you should make emergency repairs to prevent further damage. For example, if your roof is damaged, you should place a tarp over the damaged portion to prevent further water damage to your home. Keep all receipts, and avoid making structural repairs or throwing away any damaged personal property.

Keep a log of the dates, times, and names of everyone you speak to regarding your claim. Communicate in writing if at all possible, and keep a copy of anything you sign.

When you file a claim with your insurer, an adjuster will normally be assigned to inspect your home and estimate the extent of the damages. Make sure that your adjuster is licensed by the state of Florida, and don’t hesitate to hire a public adjuster to negotiate the value of your claim with your insurer.

Options for a Florida Homeowners Insurance Claim Dispute

In some cases, you may still need to dispute your claim despite making your best effort to keep the claims process running smoothly. In this case, you can file a dispute with the insurance company, which can often be resolved by mediation or appraisal by an independent adjuster.

If you believe your insurance company is acting in bad faith by failing to meet its obligations to you as a policyholder, read up on what constitutes bad faith insurance, then consult with a Florida insurance lawyer to discuss filing a bad faith insurance claim.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.