Yes, you can get a construction accident settlement without a lawyer, but doing so will require extensive research, work, legal knowledge, and negotiating skills. Being involved in a construction accident is usually serious, and the consequences are sometimes life-changing. To promote your claim’s success, you want to ensure that your case is on solid, legal ground and is built on evidence.
Additionally, you need to be able to calculate the cost of your damages. You do not want to short-change yourself and agree to a settlement offer that does not fully cover your losses. Just because you have been offered a settlement from the insurance company does not mean that it’s a fair offer. The total cost of your economic and non-economic damages may be more than you think.
What a Construction Accident Settlement May Include
In Florida, you are not allowed to sue your employer following a construction accident. However, you are still allowed to pursue legal action if you can prove that another party caused your damages. For example, if a machine malfunctioned and resulted in your injuries, you can sue the manufacturer under product liability laws.
Some items that may be included in a construction accident settlement include:
- Medical costs
- Lost wages
- Reduced earning capacity
- Disfigurement or disability
- Pain and suffering
- Wrongful death expenses, per Florida Statutes §768.21
You may be able to pursue the cost of other items that we have not listed here. Keep in mind that you can also calculate your future injury-related losses, including in your estimated case value the cost of expenses like future surgeries.
Benefits of Working with a Construction Accident Attorney on Our Team
If you hire a construction accident lawyer from our team, you can expect us to employ our legal knowledge and resources on your behalf. Our ultimate goal is to prove that because of another party’s negligent actions or behaviors, you have sustained financial losses. We will also work to prove that you deserve full, fair compensation for all of those losses.
Then, we will enter into negotiations with the liable party’s representatives. Our construction accident lawyers strive for an out-of-court agreement by first negotiating for a settlement with the insurance company. However, if this proves to be fruitless, then we can take your case before a judge. Should we need to go to court, we are prepared to litigate on your behalf.
Some of the measures our legal team will take to promote your case’s success include:
- Proving responsibility by doing investigative work
- Estimating the cost of your losses
- Interviewing witnesses
- Working with worker’s compensation insurance, if applicable
- Dealing with the involved insurance agencies
- Negotiating a fair settlement
Our legal team will likely perform additional services beyond those here.
Common Legal Challenges of a Construction Accident Case
Unfortunately, collecting a settlement is not always straightforward in any injury case. You could run into many challenges if you choose to represent yourself.
You don’t have to worry about these potential complications if you choose to work with a lawyer from our team, however. We can handle all of these common challenges for you.
Proving Negligence and Liability
In a construction accident case, determining who is financially responsible for your injury and losses may be especially complicated. A contractor, equipment manufacturer, cargo loading company, or another entity could be responsible.
If you don’t identify the appropriate responsible party and provide compelling evidence that they were liable for the incident, you may not be able to move forward with your case.
Lowball Settlement Offers
It can be difficult to determine a fair value for your case if you have not seen the way construction accident cases are valued. For instance, you may not know the value of your intangible losses such as pain and suffering—and if an insurer makes a lowball offer, you may not realize how much you’re leaving on the table.
Bad Faith Insurance Tactics
While insurance company representatives may appear cordial and friendly over the phone, they often don’t have your best interests at heart. They may attempt to deny your claim altogether, for instance, even if there is evidence that you were injured by a negligent party.
Claims That You Were Responsible
You could face pushback from the liable party’s representatives, claiming that you were more responsible for your accident and injury than you were. If you have any gap in your medical treatment history after the injury, they may claim you made your own injuries worse—and that they shouldn’t have to pay for your care.
Statute of Limitations Restrictions
Depending on when your construction accident happened, Florida Statutes § 95.11 allows four years from the date of the incident to pursue litigation. Some circumstances of your situation may toll this timeframe. Still, if you don’t account for this deadline and fail to file suit within four years, you could miss your chance to seek compensation.
Our Team Can Get Started on Your Case with no Upfront Fees Involved
Many construction accident victims try to reach a settlement on their own because they fear that they cannot afford legal assistance. When you work with our attorneys, that is not the case.
Our team works on a contingency-fee-basis, meaning that you do not pay us anything upfront to get our help. We only get paid our attorney’s fees at the conclusion of your case if we are able to get compensation on your behalf.
Call the Law Offices of Anidjar & Levine
We encourage you to call the Law Offices of Anidjar & Levine today. During your free call, you can ask us about how our injury lawyers can get to work for you.
To learn more about how to get a fair construction accident settlement, call 1-800-747-3733.