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Asserting Your Family’s Legal Rights After a Fatal Construction Accident in Miami

December 23, 2022 Construction Accidents

Fatal construction accidents are far too common. This is especially true in Miami, where working on high rises, marinas and other dangerous properties presents a particularly high risk of death. Sadly, despite the known risks that construction workers face daily, construction companies still choose to prioritize profits over safety. As a result, each year numerous grieving families find themselves needing an experienced Miami construction accident lawyer.

10 Important Facts for Families Coping with Fatal Construction Site Accidents

If you have lost your spouse or another loved one in a fatal construction site accident, there is a lot you need to know. Here are 10 important facts about asserting your family’s legal rights:

1. Workers’ Compensation Provides Death Benefits to Eligible Family Members

In Florida, all construction companies are required to carry workers’ compensation coverage. In addition to providing benefits for workers who get injured on the job, workers’ compensation also provides benefits to grieving families.

These death benefits are available on a “no-fault” basis—meaning that it doesn’t matter how your loved one’s accident happened (with only very limited exceptions). When construction workers lose their lives on the job in Miami, their spouses, children and other eligible family members can collect benefits totaling up to $150,000 for:

  • Funeral expenses
  • Loss of income
  • Educational benefits for surviving spouses

2. Families Can Often Pursue Wrongful Death Claims Outside of Workers’ Comp

While filing for workers’ compensation is one option, it is not the only option available. In many cases, grieving families can file wrongful death claims following fatal construction accidents as well. For example, your family may have a wrongful death claim if:

  • A company other than your loved one’s employer is responsible for the accident (i.e., a contractor, subcontractor, engineering firm or property owner);
  • Your loved one was killed in an accident involving a defective product (i.e., a tool, vehicle, or piece of heavy construction equipment); or,
  • Your loved one’s employer does not have workers’ compensation coverage.

3. Filing a Wrongful Death Claim Will Be Essential for Many Families

Not only is filing a wrongful death claim an option in many cases, but it will also be essential for many families. This is because workers’ compensation does not cover all of the costs associated with losing a loved one too soon. If your family has a wrongful death claim, you can seek damages above and beyond the benefits available through workers’ compensation.

4. It Will Be Important to Investigate Your Loved One’s Accident Promptly

To determine your family’s legal rights, it will be important to investigate your loved one’s accident promptly. This means that you should hire a Miami construction accident lawyer as soon as possible. During the investigation, your lawyer will work to gather all of the available evidence so that your lawyer can prove your family’s legal rights and seek maximum compensation for your family.

5. You Cannot Trust the Construction Company To Take Care of Your Family

Unfortunately, despite the circumstances, you cannot trust the construction company to take care of your family. This is true no matter what the company’s owner may be telling you. Ultimately, the company will put its interests first, and this means that it will do whatever it can to pay your family as little as possible.

6. It Costs Nothing Out-of-Pocket to Hire a Miami Construction Accident Lawyer

To ensure that your family’s interests come first, you need to put an experienced Miami construction accident lawyer on your side—and you can do so at no out-of-pocket cost. At Brais Law Firm, we handle all fatal construction accident cases on a “no recovery, no fee” basis. We will do everything we can to help your family recover just compensation, and if we are unsuccessful for any reason, you will owe us nothing. If we win your family’s case, our legal fees will be calculated as a percentage of your family’s settlement or verdict.

7. Your Family’s Lawyer Can Negotiate for an Out-of-Court Settlement

Whether your family has a workers’ compensation claim, a wrongful death claim or both, your family’s Miami construction accident lawyer can negotiate for an out-of-court settlement. In most cases, this will be the most efficient way to secure the financial compensation your family deserves. If you choose Brais Law Firm, your family’s lawyer will discuss all settlement offers with you in detail and help you make an informed decision about when (and if) to settle.

8. If Necessary, Your Family’s Lawyer Can Fight for Just Compensation at Trial

While settling is the best option in many cases, sometimes families must go to court to assert their legal rights. If a fair settlement offer isn’t on the table, you will need a Miami construction accident lawyer who is prepared to fight for your family’s rights at trial.

9. The Financial and Non-Financial Costs of Losing a Loved One Are Substantial

If you are not sure whether you should pursue a claim, you should speak with a lawyer about how much your family may be entitled to recover. The financial and non-financial costs of losing a loved one are substantial. From medical bills and funeral expenses to emotional pain and suffering, grieving family members can face financial and emotional struggles for years to come.  

10. You Do Not Have to Live with the Financial Burdens of Someone Else’s Negligence

Although there is no way to truly recover “just” compensation for a loved one’s death, you can make your family’s situation more bearable by taking legal action. You do not have to live with the financial burdens of someone else’s negligence. Instead, you can—and should—hire a lawyer to take action on your family’s behalf.

Schedule a Free Consultation with a Miami Construction Accident Lawyer

If you have lost a loved one in a fatal construction accident, we offer our deepest sympathies. To discuss your family’s legal rights with an experienced Miami construction accident lawyer in confidence, please call 800-499-0551 or request a free consultation online today.