If you sustained severe injuries in a ladder fall accident, you should not automatically assume that you are at fault for the incident. At home, ladders can fail due to design or manufacturing defects. On the job, your employer may not have maintained the ladder correctly or replaced it once it sustained wear.
To explore whether you may have a viable negligence or Port St. Lucie personal injury lawsuit, talk to a ladder fall accident and injury lawyer in Port St. Lucie. Contact the Law Offices of Anidjar & Levine today at 1-800-747-3733 to set up a free case evaluation.
Workplace or Jobsite Ladder Fall Accidents & Injuries in Port St. Lucie
A ladder fall is a common type of workplace injury. One place this can occur in the construction industry. Many employees sustain injuries when climbing a ladder at work to change a lightbulb or reach a box of supplies stashed on a high shelf.
Workplace ladder fall injuries may occur for several reasons, including:
- Your employer neglected to provide safety training for ladder use.
- Your employer neglected to require the use of safety gear.
- Your employer neglected to replace a worn or broken ladder.
- The ladder had design or manufacturing defects.
If your employer has workers’ compensation insurance – a legal requirement in Florida – you can file a claim for your injuries. Workers’ compensation can pay for some medical treatment and reimburse you for a portion of your lost wages.
If a third party, such as another contractor on the job site, had fault for your accident, you can pursue a negligence claim through their insurance company or file suit to get the compensation you deserve for your injuries. If the ladder you fell from had a design or manufacturing flaw, you can also file a product defect claim.
Ladder Fall Accidents Occurring Outside the Workplace
If you sustained serious injuries in a ladder fall accident at your home or on someone else’s property, you may have a legal basis for pursuing a settlement for your injuries and damages.
Product defects can lead to ladder failure and subsequent injuries. If your accident occurred at someone else’s home or a public place, you may have a valid premises liability claim.
Because a ladder injury claim potentially poses a variety of complex legal issues – specifically with regard to who is liable for your injuries – talking to a ladder fall accident injury lawyer can help you determine the best course of action.
At the Law Offices of Anidjar & Levine, we understand how to unravel these complex questions. We will put our team of investigators and safety experts to work, determining who had fault for your accident, and document your injuries so we can prepare your claim.
Calculating the Value of Your Ladder Fall Accident Injury Settlement Claim
The amount you can seek in a claim for your ladder fall injuries depends on the type of injuries you sustained and how long you are unable to return to work. Ladder falls typically cause injuries to the feet, legs, hips, and back. However, victims may also suffer head trauma, internal injuries, and nerve damage that can lead to permanent disability.
To determine the value of your claim, our legal team will gather documentation to prove your actual damages that includes the following items:
- Medical bills and treatment costs
- Lost income
- Miscellaneous expenses
- Future medical treatment and care costs
- Future lost wages and benefits
- Pain and suffering
- Mental anguish
We will also include the value of any permanent disfigurement or disability you sustained because of your ladder fall accident.
A Ladder Fall Accident & Injury Lawyer Will Fight for You
As you fight to recover from your injuries and get your life back on track, our legal team will protect your rights and fight to obtain an equitable financial settlement.
Whether your case warrants the pursuit of a workers’ compensation claim, a product defect claim, or a personal injury claim – or some combination of these – we will exhaust every possibility to get you the compensation you need to pay for your medical care and pay your bills until you can return to work.
With the exception of a product defect claim, we must prove negligence to establish liability for your injuries. To accomplish this goal, we will document the four legal elements of negligence.
Duty of Care
We must demonstrate that the at-fault party had a reasonable duty of care to ensure your safety. In the workplace, your employer must provide a safe working environment and enforce safety policies to prevent job site accidents.
Breach of Duty
Next, we must demonstrate how the at-fault party breached their duty of care. If your employer failed to replace an old or damaged ladder or allowed you to use a ladder without providing the proper safety training, the company breached its duty of care and put your safety at risk.
Causation
If the at-fault party’s failure to uphold their duty of care led to an accident, they have liability for any resulting injuries and damages. If an old or damaged ladder failed and caused you to fall, we might identify your employer’s failure to replace the equipment as the cause of your injuries.
Actual Damages
Having established causation, the last element we must prove is actual damages. This requires us to present your medical bills, wage statements, and medical records to reflect your future needs for care.
For product defect claims, we must simply demonstrate the nature of the defect and how it led to your injuries.
After we submit your claim, we will negotiate to obtain an equitable settlement. If we cannot negotiate a satisfactory outcome, we can prepare your case for court and file a lawsuit on your behalf.
Consult a Ladder Fall Accident & Injury Lawyer in Port St. Lucie at No Cost
To help you determine the best course of action for your future, the Law Offices of Anidjar & Levine provides a free consultation and evaluation of your case. We will answer your questions and explain all your options.
To schedule your free case review with a ladder fall accident and injury lawyer in Port St. Lucie, contact us today at 1-800-747-3733.
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