A heavy machinery accident can leave you with serious—and potentially permanent—injuries or disability. They can render you unable to work, devastating your finances and placing your future security at risk.
Although heavy machinery accidents and injuries often occur on the job, these incidents can happen to anyone who is in the wrong place at the wrong time. Often, these accidents occur due to defective equipment or negligence on the part of the owner or operator.
If you or a family member sustained a serious or fatal injury in a machinery accident, you may have legal grounds to pursue a claim for financial compensation. A workers’ compensation lawyer in Miami, FL, can help.
At the Law Offices of Anidjar & Levine, we provide compassionate and aggressive legal representation for South Florida clients injured in heavy machinery accidents. Contact us today to learn more.
How Do Heavy Machinery Accidents Happen?
According to the Occupational Safety and Health Administration (OSHA), some of the most common industrial and on-the-job injuries occur due to heavy machinery and equipment.
Powered industrial vehicles and other heavy machinery can cause injuries by trapping, crushing, or striking workers and bystanders. Although most of these incidents occur during Miami construction accidents, they can also take place in the manufacturing sector, in warehouses, agricultural settings, or on the highway.
Some of the most common types of heavy machinery involved in injury accidents include:
- Cranes;
- Forklifts;
- Backhoes;
- Bulldozers;
- Tractors and farm equipment;
- Earthmovers and graders;
- Loaders; and
- Lifts
Improper operation of heavy machinery often leads to injury accidents. However, equipment failure, poor maintenance practices, inadequate training, carelessness, and blatant safety violations can all lead to devastating injuries or death.
When a heavy machinery accident occurs due to negligence, the injured victim can pursue a Miami personal injury lawsuit or, in the case of an injured employee, a Miami workers’ compensation lawsuit.
How Much Can I Collect From a Heavy Machinery Accident Injury Claim?
The value of your claim will depend on the nature and extent of your injuries and your prognosis for recovery.
Some of the most common types of injuries that result from heavy machinery accidents include:
- Burns;
- Fractures;
- Amputation of digits or limbs;
- Spinal cord injuries;
- Brain injuries;
- Internal injuries; and
- Death
To document the value of your claim, we will gather documentation to demonstrate your losses. This may include:
- Emergency treatment bills;
- Doctor and surgeon bills;
- Proof of other medical care costs;
- Statements showing your lost wages;
- Projected future medical care, therapy, and rehab costs;
- Projected future income loss;
- Projected value of future lost opportunities;
- A value for your pain and suffering; and
- Loss of life’s enjoyment.
In addition, we will add an appropriate value for any permanent disfigurement or disability.
When you trust the Law Offices of Anidjar & Levine to represent you, we will work diligently to document your claim as fully and accurately as possible. Our goal is to obtain the best possible settlement for your injuries.
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What Can a Heavy Machinery Accident and Injury Lawyer Do to Help Me?
Whether you or a loved one suffered serious injuries due to a heavy machinery accident, the Law Offices of Anidjar & Levine can help you pursue fair financial compensation for those damages.
We will protect your legal rights and work tirelessly to hold the negligent party responsible for their actions. We will stand by your side and help you through this difficult time, ensuring you get the resources you need to regain your life.
We will assemble the documentation necessary to build a persuasive claim and submit it to the negligent party’s insurance carrier. We will negotiate with the insurance company and its legal representatives to ensure that you receive fair treatment and an equitable settlement.
If the insurance company refuses to negotiate in good faith, we can proceed with legal action. We will call on our network of resources to provide testimony, reconstruct the accident scene, interview witnesses, and uncover whatever information we need to build a strong case on your behalf, and to demonstrate how the at-fault party’s negligence caused your injuries and damages.
How Does a Lawyer Establish Liability?
To prove fault for your accident, our legal team must demonstrate the four elements of negligence. Proving negligence allows us to establish liability for your injuries and your damages.
Duty of Care
Owners and operators of heavy machinery and equipment owe a duty of care to the public, to employees, and to others who may be onsite. This duty includes obligations to maintain and operate the equipment per the manufacturer’s recommendations and to comply with applicable laws, regulations, and OSHA safety standards.
Breach of Duty
When someone breaches their duty of care, they create unnecessary risk to others. Some examples include an equipment operator who disregards safety standards or who lacks the appropriate training to operate heavy machinery. The equipment’s owner may breach their duty of care if they neglect to perform scheduled maintenance or use substandard replacement parts.
Causation
If a breach of duty leads to an injury accident involving heavy machinery, the party who committed the breach is said to have caused the accident. Once our legal team demonstrates causation, that party will be liable for any damages that result.
Actual Damages
To prove negligence, the injured party must suffer actual damages. We can prove actual damages by providing documentation to substantiate the dollar value of your injuries, lost wages, pain and suffering, and other losses.
Schedule a Free Consultation With a Heavy Machinery Accident and Injury Lawyer in Miami.
If you suffered injuries in a heavy machinery accident, know that you do not have to go through this traumatic experience alone.
To help you evaluate your options and make the best decisions for your future, the Law Offices of Anidjar & Levine will provide a free evaluation of your case. We can answer your questions and explain the legal process of pursuing a Miami personal injury settlement.
Our team is standing by to help you. Contact us to learn more.
