Were you hurt in a construction accident in McAllen and believe another party is at fault for it? One of our construction accident lawyers can conduct an investigation into what happened and figure out who is responsible.
Construction accidents present a complex web of legal responsibilities and obligations. People injured in a construction accident may find relief in simply focusing on healing while a construction accident lawyer from our firm represents them to insurance companies and opposing legal parties. We can handle every aspect of your case if that is what you wish.
A Legal Team May Help Hold an Employer Liable for Damages
Construction is a vital and central industry to the economy, yet it is fraught with risks for laborers. Economic realities force some project managers to make hard decisions and cut corners as projects run late or go over budget.
These decisions may lead to negligent behavior, which could then lead to an employee getting hurt on the construction site. Employers who act negligently may violate legal codes, especially if a violation led to an employee’s injury.
For a free legal consultation with a construction accidents lawyer serving McAllen, call 800-777-7777
Possible Recoverable Damages in Your Construction Accident Case
There are many expenses that a person might have to pay for after a construction accident. If a jury determines that you are legally not at fault for your accident, you might not be obligated to live with long-term expenses related to your injury. A legal settlement is intended by courts to offset costs that directly stem from the accident, such as:
- Lost wages or earning potential
- Pain and suffering
- Mental or emotional anguish
- Medical bills or copays
- Physical therapy costs
- Counseling costs
- Temporary/permanent disability
- Disfigurement
- Loss of enjoyment of life
- Loss of a limb
- Relevant transportation, parking, or other costs
Courts calculate these costs based on the above information, sometimes including a multiplier representing relative pain and suffering. Ultimately the court makes no stipulation as to how the money is spent once it is paid to the plaintiff after a successful lawsuit.
McAllen Construction Accident Lawyer Near Me 800-777-7777
We Can Help You Establish a Party’s Negligence
Employers and construction site managers have a legal duty to ensure a standard of safety and care for their workers. There may be a number of potentially liable parties to consider. A lawyer from our firm may be able to help you determine who might be at fault for your accident based on the facts of your scenario.
A McAllen construction accident lawyer with Loncar Lyon Jenkins may review the facts of your case, analyze everything, and explain your options.
How We Prove Negligence
In order to have a successful case, we must show that the four elements of negligence are present in your case. We must prove the following:
- The liable party or parties owed you a duty of care. They had a responsibility to keep you safe while at work and not put you in dangerous situations that can result in injuries or death.
- The liable party or parties breached their duty of care. They made a decision that harmed you.
- The liable party or parties’ ill-fated decision caused your injuries.
- You now have damages, including medical bills and pain and suffering, and receiving compensation can remedy these damages.
We are happy to go to bat for you during this difficult time. We are committed to bringing you justice and a sufficient financial award.
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Tangled Liability Issues
There may be different parties who might be legally responsible for your construction accident. Texas is a shared-fault state, meaning multiple parties may be at fault or liable for an injury. In these instances, the Texas Civil Practice and Remedies Code §33.004 dictates that a court will assign a fault percentage to each party, and liabilities will be assigned accordingly.
Your injury could be the legal responsibility of any relevant:
- Project manager
- Real estate owner
- Sub-contractors
- Insurance companies
- Municipal or county governments
- The federal government in rare cases
When It Appears That No One Is on Your Side, Know That We Are
No matter what your boss may have told you, the injury may not be your fault. Employers, insurance adjusters, and property owners are often in a legally adversarial opposition to the injured party. They might prefer to avoid or minimize legal or financial obligations. However, if the law is on your side, you could negotiate a fair settlement.
We can manage negotiations for you, of course. Insurance companies are known to employ certain tactics to get you to accept a lower settlement than you deserve. We do not want you to endure this unfair treatment. We are familiar with the way claims adjusters operate and will not let them devalue or deny your claim. We will fight for what you are entitled to.
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Construction Accidents Can Cause Serious Injuries
There are physical risks that might occur during and after a construction accident. Often, it is difficult to ascertain the severity of a person’s construction injury immediately after the accident. There may be pressure to ignore evidence or symptoms and hurry back to work. However, there are serious health problems that could occur without showing signs on the surface.
Some injuries may be tougher to identify as they are happening, such as:
- Shock
- Stroke
- Whiplash
- Fractured bones
- Pulled muscles
- Torn cartilage
- Damaged vision
- Asbestos exposure
You May Not Feel Injured Immediately After Your Accident
For example, after a typical serious construction injury, there may initially be a period of shock, where an injured person does not experience pain from their injuries. During this time, it might be difficult to diagnose a person’s injuries without a medical examination. Another serious example is asbestos exposure.
Asbestos is considered a toxic carcinogen, and the body has no way of cycling asbestos out. Thus, asbestos exposure builds up over long periods of time and may even lead to cancer.
The list above contains other physical injuries that might render them difficult for the average person to know whether they are truly apparent. It is very important to get a health check-up with your doctor after any serious construction accident.
Risks of Waiting Too Long to Take Action
According to the Texas Civil Practice and Remedies Code § 16.003, there is a statute of limitations of two years, which is not long compared to how long injuries can last. This means that people who were injured in Texas are legally required to file a lawsuit within two years.
If people wait longer than two years, the law may conclude that they did not want to take action. After two years, you might not be able to file a new lawsuit for personal injury relating to a construction accident or similar.
Additionally, there are other time-dependent factors that can influence the outcome of a case, such as:
- Physical evidence eroding
- Records being destroyed
- Camera footage being deleted
- Tire tracks fading
- Broken glass or debris being moved
The Importance of Obtaining Evidence Sooner Than Later
In some cases, paper records or relevant electronic video surveillance data only legally need to be kept for a certain amount of time. This is usually even less than the two-year-long statute of limitations. For example, if there was a nearby commercial establishment that took video footage of your accident, they might only keep that video for a few hours, days, or weeks unless it is backed up securely.
A lawyer from our team may help you gather appropriate evidence for your case. Police only gather evidence in criminal proceedings, but in tort actions, it is up to the plaintiff or victim to build their case with sufficient evidence. This can be especially difficult when a tort victim is injured and rendered less than fully able to realize the potential of their legal claim.
Our construction accident lawyer and their legal team may be able to gather evidence on your behalf and present it in court proceedings.
Call Our Law Firm to Start Your Construction Accident Lawsuit
Loncar Lyon Jenkins works on a contingency basis. This means we do not charge clients before a settlement is reached. Your lawyer is compensated based on the settlement amount, so you and your lawyer are always on the same side.
Loncar Lyon Jenkins and their team are prepared to move swiftly and appropriately to cover your legal obligations in pursuing a lawsuit. Call Loncar Lyon Jenkins today at (800) 777-7777.
Call or text 800-777-7777 or complete a Free Case Evaluation form
