Construction Accident Injury in Jacksonville
Few injury cases are as complex as a Jacksonville construction injury. Attorney Brett Hastings, however, has a proven track record for cases involving injury on a construction site, including cases in which negligent security or premises liability is a factor.
If you’ve been injured on a construction site, you need to understand the complexities involved before pursuing a personal injury lawsuit against the property owners or the construction company. The first thing you need to know is that if you willingly and knowingly enter a construction site, the court may decide that you have assumed at least part of the risk. This means that, unless you can prove that the people responsible for the site were negligent about the way they kept the site or something similar, you will not be able to recover you full costs and damages for the injuries you incurred.
If failure to heed warnings or pay attention resulted in your Jacksonville construction injury, an attorney will probably tell you that most of the risk and responsibility was yours. If the injury resulted from construction workers not following rules for a safe construction site, such as negligent security procedures, then the construction company or property owner will probably be found negligent and liable.
If you were working and became injured, you may also be able to receive worker’s compensation. Please see our practice area on Work Injuries.
Proving Construction Site Liability
Most construction site liability cases follow the same legal requirements as a premises liability case. In these kinds of cases there are three steps to proving that the property owner or construction company is liable for your injuries. First, you must prove that the property owner or construction company owed you a duty of care. That means there must be some legal obligation they have to keep you safe, such as following OSHAA safety standards or establishing a way to keep people from accidentally entering the site.
Second, you must prove that the property owner or construction company failed to fulfill their duty of care. If boards were left lying around with nails sticking out or they didn’t put up a fence next to a public walkway, the court would probably see these as a breech in their duty of care. Lastly, you must show that the breech of duty directly resulted in your injuries.
To win in a case involving a Jacksonville construction injury, an attorney who understands the complexities of such a case and has experience dealing with them is your best bet. Brett Hastings has a strong track record for case strategies that earn maximum return for construction injury clients.
Free Consultation Regarding Your Jacksonville construction injury from Attorney Brett Hastings
It costs you nothing to talk to Mr. Hastings about your construction-site related injury. Get the facts and understand what’s involved in pursuing a personal injury case. Schedule a free consultation about your Jacksonville construction injury from attorney Brett Hastings on our Free Consults page.
Or call Brett Hastings today at 904-247-4400.
Frequently Asked Questions
What is the difference between a workers comp claim and a third-party injury claim?
Workers comp is the no-fault benefit you receive through your employer’s insurance after a job-site injury, covering medical care and lost wages regardless of who was at fault, but it does not pay for pain and suffering. A third-party claim is a separate lawsuit against someone other than your employer, such as a subcontractor, equipment maker, or property owner whose negligence caused your injury. Many construction cases involve both, and you may be able to pursue each at the same time.
Can I sue my employer after a Florida construction accident?
In most cases Florida law bars you from suing your own employer if they carry workers compensation coverage, because workers comp is the exclusive remedy in exchange for guaranteed no-fault benefits. There are narrow exceptions, such as conduct the employer knew was virtually certain to cause injury. However, you may still bring a claim against negligent third parties on the site. We review every relationship on the project to identify who, beyond your employer, may be liable.
Who can be held liable for a construction site injury?
Liability can extend well beyond your direct employer. Depending on the facts, a general contractor, subcontractor, property owner, architect or engineer, equipment manufacturer, or a maintenance company may share responsibility for unsafe conditions. Each party owes duties to keep the site reasonably safe. Identifying every potentially liable party matters because it often opens additional insurance coverage beyond workers comp. The outcome of any claim depends on the specific facts and evidence.
Does an OSHA violation help my construction accident case?
An OSHA citation does not automatically win your case, but it can be powerful evidence that a contractor or other party failed to meet recognized safety standards. OSHA records, inspection reports, and violation history can support a third-party negligence claim. We work to preserve this evidence early, since reports and site conditions can change quickly. Keep in mind that OSHA findings are one factor among many, and results depend on the full record.
How long do I have to file a construction accident lawsuit in Florida?
For most negligence-based injury claims in Florida, the deadline is two years from the date of the injury. This was shortened from four years by a 2023 change in the law, so older information you find online may be outdated. Workers comp claims follow separate notice and filing deadlines that are often shorter. Because missing a deadline can end your case permanently, it is wise to speak with an attorney as soon as possible.
Will my construction injury claim be reduced if I was partly at fault?
Florida follows a modified comparative negligence rule. If you share some blame for the accident, your recovery is reduced by your percentage of fault, and if you are found more than 50 percent at fault, you cannot recover damages in a negligence claim. Importantly, your workers comp benefits generally are not reduced by your own fault. We build the record carefully to protect against inflated fault arguments from the other side.
What does it cost to hire Hastings Injury Law Firm for a construction case?
We handle construction injury cases on a contingency fee basis, which means you pay no attorney fee unless we recover for you. Your initial consultation is free and confidential, so you can understand your options with no obligation. Attorney Brett Hastings brings more than 25 years of trial experience to these claims. Every case is different, and the result depends on its particular facts, but you will always know where you stand.