On average, construction accident settlements in Florida can range from $5,000 to $50,000 or up to $1 million in the severest cases. Many construction accidents are serious and leave workers severely injured or killed. An experienced attorney can evaluate the facts of the case and determine an appropriate settlement.
Florida-Specific Laws Affecting Construction Accident Settlements in Florida
In Florida, specific laws affect construction accident settlements. They include the statute of limitations, comparative negligence rules and workers’ compensation laws.
Statute of Limitations in Florida
According to Florida Statute 95.11, the statute of limitations for construction accidents is four years. This may be extended to seven years if latent defects are found.
Comparative Negligence Rules in Florida
According to Florida Statute 768.81, the state follows comparative negligence rules. This means recovering less than the amount you seek if you’re found partly responsible for your injuries. For example, a construction worker suffers injuries in a work accident without using protective gear. They might be considered 10% at fault because they neglected to use their safety gear. In a successful case, the plaintiff would recover everything they sought minus that 10%.
Workers’ Compensation Laws in Florida
Construction is a dangerous industry that often results in workers suffering injuries. According to Florida Statute 440.09, employers must carry workers’ compensation insurance. This is to pay benefits to employees who suffer job-related injuries or illnesses.
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Types of Compensation in Florida Construction Accident Settlements
Different types of compensation are available in Florida construction accident settlements. They include medical expenses, lost wages and future earnings, pain and suffering, rehabilitation costs and permanent disability benefits.
Medical Expenses
Construction accidents often cause severe injuries. This results in sizeable medical expenses. You have cause to claim these damages in your claim.
Lost Wages and Future Earnings
Many injuries from construction accidents result in an inability to work while recovering. As a result, you can recover lost wages and future earnings capacity.
Pain and Suffering
If your injuries cause you to experience physical pain or emotional suffering, you can claim pain and suffering. There are no caps on these damages.
Rehabilitation Costs
Certain injuries take time to heal, and you may have to continue your treatment with rehabilitation or physical therapy. As part of your claim, you can recover rehabilitation costs.
Permanent Disability Benefits
Devastating construction accidents can leave you permanently disabled and unable to work again. This entitles you to permanent disability benefits.
Factors Affecting Construction Accident Settlements in Florida
Different factors affect Florida construction accident settlements. They include injury severity, liability and negligence, workers’ compensation vs. personal injury claims, impact on earning capacity, insurance policy limits and quality of evidence and documentation.
Severity of Injuries
Construction accidents usually cause severe injuries. If this applies to you, your settlement might be higher.
Liability and Negligence
Establishing liability and negligence can help your case. If the liable party or parties are known and negligence is a factor, it can result in a better settlement.
Workers’ Compensation vs. Personal Injury Claims
Workers’ compensation pays about 66.6% of your average wages. If your construction accident case warrants a personal injury claim, your settlement can be much higher.
Impact on Earning Capacity
If your injuries are severe, disabling or permanent, you may be unable to return to work. This entitles you to future earning capacity damages.
Insurance Policy Limits
Many construction accident cases are settled through insurance companies. Sometimes, the insurer has policy limits that prevent victims from recovering sufficient compensation.
Quality of Evidence and Documentation
The more evidence you gather for your case, the better your compensation. This includes ample documentation that proves what happened during the accident.
The Process of Securing a Construction Accident Settlement in Florida
A few things can secure a construction accident settlement. They include immediate steps, filing a claim, gathering evidence and documentation and negotiating with insurance companies.
Immediate Steps After an Accident
There are certain steps to take immediately after an accident. These actions can help strengthen your case.
Filing a Claim: Deadlines and Procedures
If filing a claim with workers’ compensation, notify your employer within 30 days of your injury. Complete the report and give it to your employer so it can be delivered to their insurer. If you file a lawsuit, consulting with an attorney is the best way to proceed.
Gathering Evidence and Documentation
Evidence and documentation are the keys to a successful construction accident claim. Take photos of the scene, your injuries and the lack of safety features, if applicable. Journal the facts of the accident.
Negotiating with Insurance Companies
Sometimes, the insurance company tries to cheat injured victims out of a fair settlement. In some cases, they refuse to offer anything. Your attorney can negotiate the best compensation with an adjuster.
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We specialize in personal injury claims.
Common Construction Accidents in Florida
Certain types of construction accidents commonly occur in Florida. They include falls, caught-in or -between accidents, electrocution, overexertion and heat-related injuries, equipment malfunctions, exposure to hazardous materials, trenching and excavation accidents, fire and explosions, noise-induced hearing loss, manual handling injuries, vehicle accidents and workplace violence.
Falls
Falls are common construction accidents. Construction involves working from heights on scaffolding or buildings, which increases a worker’s risk.
Caught-in or -Between Accidents
Some construction accidents occur when a worker is caught in a tight space or between two objects. These incidents often result in catastrophic injuries or even death.
Electrocution
Construction work requires using electrical outlets, equipment and wires. As such, workers can suffer electrocution.
Overexertion and Heat-Related Injuries
Construction workers use heavy machinery and equipment and often perform the same motions. This can cause overexertion of muscles, joints, tendons and ligaments. They also sometimes work in extreme heat, leading to heatstroke or heat exhaustion.
Equipment Malfunctions
When equipment malfunctions, it can cause accidents. A worker can suffer injuries ranging from mild to moderate or even severe. In the worst cases, a construction worker can die from their injuries.
Exposure to Hazardous Materials
Construction work sometimes exposes workers to hazardous materials. Without face masks and other safety gear, they can become sick.
Trenching and Excavation Accidents
Trenching and excavation accidents are among the most deadly. These situations can cause workers to become trapped and killed.
Fire and Explosions
Fires and explosions can occur due to various issues on construction sites. Workers can suffer severe burns, amputations, disfigurement or death.
Noise-Induced Hearing Loss
Construction work involves loud environments, which means workers can suffer from noise-induced hearing loss. Depending on the circumstances, this can be temporary or permanent.
Manual Handling Injuries
Construction workers can suffer manual handling injuries from heavy lifting and bending. This includes sprains, strains, tears, lacerations and more.
Vehicle Accidents
Vehicle accidents can occur while construction workers are using tractors or cranes. Workers can also suffer injuries in construction zones when drivers are negligent or reckless.
Workplace Violence
Sometimes, workers have disagreements that can escalate into violence. This can cause severe physical and psychological injuries.
Frequently Asked Questions
What Is the Average Accident Settlement in Florida?
The average accident settlement in Florida ranges from $5,000 to $50,000. However, in severe cases, the average ranges from $75,000 to $100,000.
How Are Pain and Suffering Damages Calculated in Florida?
Pain and suffering damages are calculated using a multiplier ranging from 1.5 to 5. That number is multiplied by your economic damages amount.
How Are Personal Injury Settlements Paid Out in Florida?
Florida personal injury settlements are paid out in structured settlements or a lump sum.
Can You Sue for Pain and Suffering in Florida?
You can sue for pain and suffering in Florida.
How Long Do Most Accident Settlements Take?
Accident settlements can take anywhere from 6 to 18 months.
What Percentage Does a Lawyer Get in a Settlement Case in Florida?
On average, lawyers take 33.3% of a settlement in Florida.
How Much Can I Sue for Emotional Distress in Florida?
Florida doesn’t have caps on emotional distress damages unless your case involves medical malpractice or a government entity.
How Much Are Most Personal Injury Settlements?
Most personal injury settlements range from $3,000 to $500,000.
What Is the Maximum Compensation Rate in Florida?
Florida’s maximum workers’ compensation rate is $1,260.
Is Settlement Money Taxable in Florida?
Settlement money for personal injury cases is non-taxable in Florida.
Need free legal help in Florida?
We specialize in personal injury claims.
