Blasting Rock Quarry Verdicts

Before we discuss some of the most common signs of damage caused by blasting at a quarry, it's important to note that most, if not all, companies involved in rock blasting don't usually recognize this problem. In fact, it's the property owner's responsibility to prove that the damage to their property derives from blasting rocks at the quarry. This, of course, isn't usually an easy thing to do.

More on that shortly.

Although most mining companies don't acknowledge these damages for obvious reasons (to protect themselves in the event of a lawsuit), some jurisdictions recognize blasting as a potential reason for property damage.

For example, Florida is home to many quarries involved in rock blasting. Reports indicate that at least nine mining quarries in Miami-Dade county operate with active mining permits.

As a result, cities like Miramar acknowledge blasting as a potential cause of damage to property within the city. This means that you can actually file a claim with your homeowner's insurance company if you can prove that your property got damaged due to the blasting activities at a nearby quarry.

But how do you even know that you may have a valid claim? Here are some common signs of damage potentially caused by blasting.

In most cases, you'll notice cracks in the following areas:

• Foundations
• Driveways
• Walls and ceilings
• Pools and pool decking
• Flooring tiles and backsplashes
• Concrete floors

When you notice significant damage to your property due to blasting, you may be tempted to file a claim without an attorney. While you can still file the claim, doing so without an attorney isn't always advisable. To put things into perspective, let's discuss how an attorney can help in these situations.

The Validity of Your Claim

Living close to a quarry significantly increases the chances of damage to your property. This is due to the vibration caused by these blasts. That said, not every case is valid. Some cases of property damage occur due to poor designs, low-quality building materials, and so on. For this reason, it's important to know whether your case is valid before filing a claim or lawsuit.

You can't make any assumptions about these kinds of cases—you need facts.

Let's look at the Mosses case we discussed earlier as an example. When the plaintiff filed a lawsuit against the insurance company, one of their defenses was that the damage occurred due “to imperceptible shifts caused by heat from the sun and concrete shrinkage or settling into the soil.”

But that wasn't true.

Rather, Morgan and Morgan attorneys discovered that blasts from nearby mines caused the damage.

In the lawsuit filed by Morgan and Morgan attorneys on behalf of the plaintiff, Lourdes and Carlos Llamazares, the defense filed a motion for summary judgment and two motions to dismiss. Their actions prove how far insurance companies can go to deny their policyholders the compensation they need and deserve to repair their homes after blasting damage.

But thanks to attorneys Mark Nation, Krystina Sanchez, Fred Pye and Jeff Decarlo, all from Morgan & Morgan's Insurance Recovery Group, the court denied both motions before awarding the duo a $22.032.46 verdict.

Knowing Where to File a Your Claim

In most jurisdictions, the law protects companies involved in rock blasting from such lawsuits. But not to worry, an experienced attorney can help you determine liability, ensuring you're filing a claim with the right parties.

Most of these lawsuits target homeowners' insurance companies. However, this will also depend on the specific terms of your insurance policy. An experienced attorney can help review your insurance policy to determine whether you're covered. It's also important to note that most insurance policies won't explicitly mention that you're covered against blasting damage.

This is actually one of the many tactics insurance companies use to prevent eligible clients from claiming what they're entitled to per the terms of their policy. But you shouldn't be concerned about that when you have an experienced attorney by your side. The attorney will review your homeowners' insurance policy to determine whether you're eligible for coverage. And if eligible, the attorney will also help you file a claim with the insurer.

For example, in a lawsuit filed by Morgan and Morgan on behalf of their clients Mario and Ivet Bermudez against Tower Hill Prime Insurance, our attorneys discovered that the clients had all-risk coverage. Despite being eligible for coverage, the insurance company had denied the initial claim filed by the policyholder. The case was settled for $62,000 only after Morgan and Morgan attorneys had confronted the defense facts.

Keeping Up With Crucial Deadlines

If you take too long to file a claim, chances are the other party will likely deny it, citing missed deadlines. The last thing you want is to lose a valid claim because you couldn't keep up with these crucial deadlines. It's also important to note that these deadlines vary depending on the specifics of the case.

For instance, when Morgan and Morgan filed a claim against Tower Hill Prime Insurance on behalf of their client, the insurance company argued that the claim was suspicious given that it had been filed two years after the reported loss. This tells you one thing; timing is crucial in these kinds of cases. Therefore, the sooner you speak with an experienced attorney, the better your chances of beating these deadlines.   

The client obtained compensation even though the insurer had initially questioned the two-year delay. Also, keep in mind that in these kinds of cases, such delays can significantly influence the amount you may be able to recover as compensation. Therefore, speaking with an experienced lawyer is one of the best ways to learn more about these crucial deadlines and how to use them to your advantage.

And if you're looking for such an attorney, Morgan and Morgan is the law firm to contact.

Many law firms handle blasting damage cases, but Morgan & Morgan stands out for several key reasons:

We Have the Resources to Fight for You

Blasting damage lawsuits demand significant resources to pursue and win. Insurance companies don’t usually agree to settle these cases without a fight, so you need a law firm with the depth and tools to build a strong case. As the largest personal injury law firm in the U.S., we have a well-equipped team of attorneys dedicated to fighting for you. With our extensive resources, we’re able to maximize claims through thorough research, ensuring you won’t have to settle for less.

Proven Experience with Blasting Damage Cases

Blasting damage lawsuits are complex, and they demand attorneys with a strong track record. Morgan & Morgan has helped clients win these cases, securing compensation even when hope seemed lost. Our attorneys know the strategies insurance companies use to avoid liability and are prepared to stand up to them. Some recent successes include:

• A $62,000 verdict for Mario and Ivet Bermudez
• A $40,000 verdict for Zabrariel Moss and Reshanda McDonald Moss
• A $22,032.46 verdict for Lourdes and Carlos Llamazares

These results demonstrate our commitment to taking action, proving that if you have a valid case, Morgan & Morgan will go the distance to help you win.

No Fees Unless We Win

Many people worry about the costs of hiring an attorney. With Morgan & Morgan, you don’t have to. We work on a contingency basis, meaning you only pay if we win your case. No win, no fee.

This gives you peace of mind because there’s no financial risk. Additionally, we don’t charge consultation fees—if you believe blasting has damaged your home, simply fill out our case evaluation form. We’ll review your case for free, let you know if you have a valid claim, and, if you do, fight for you every step of the way.

It all depends on the jurisdiction. For example, in Florida, the law protects mines from being sued over blasting. If you have concerns about blasting damage on your property and where to file a claim or lawsuit, contact Morgan and Morgan for a free case evaluation.

Other than the cost of repairing your property, you may be able to seek compensation for annoyance, inconvenience, mental anguish, etc. Depending on the severity of the situation, the court might also award you punitive damages.

As soon as you notice damages caused by blasting, take photos and videos of the damage. If possible, make temporary repairs to prevent further damage or theft.

Make sure you keep all records of the expenses. Then, contact your homeowners' insurance to inform them about the damage.

Lastly, fill out our free case evaluation form. You might be eligible for compensation by your homeowners' insurance company.