However, the statute of limitations for filing a construction accident lawsuit is governed by the state. Per Texas Civil Practice and Remedies Code § 16.003, you generally have two years to file a construction accident lawsuit.

If you fail to file your claim or lawsuit within the applicable deadline, you could lose the chance to recover the cost of your losses.

Exceptions to the Statute of Limitations

In your situation, there could be details that give you more time to act. For instance, according to Texas Civil Practice and Remedies Code § 16.001, you could have more time to file your construction accident lawsuit if:

• You were under the age of 18 at the time of the incident.
• You were in a coma or had another physical condition that made filing a lawsuit impossible.
• You had a legal disability at the time of the accident.

The statute of limitations can change based on all these factors. You could also have more time to file your lawsuit if the negligent party left the state. With so many possible fluctuations, the filing deadline in your case can be difficult to understand and meet. 

Your case could also involve additional notification and filing deadlines. The best way to understand the filing deadline is to let our legal team explain it for you. With sufficient notice from you, we do everything we can to file your lawsuit within the allotted time. 

Compensation You Could Get After a Construction Accident

After a construction accident, you can receive reimbursement for your post-accident expenses and losses by proving your accident was the result of negligence.

As long as you meet the statute of limitations, you have the right to seek damages for the following financial expenses and losses:

Medical Expenses

You can receive compensation for the medical bills related to your accident, including emergency and ongoing care. Recoverable medical bills can also include:

• Rehabilitation and therapy
• Required medications
• Assistive medical devices

If your injuries warrant a stay in a rehabilitation facility or physical therapy, you could receive reimbursement for some of these costs, as well.

Lost Income

If you had to miss work because of your injury, you can seek an award for your lost wages. Your lawyer can help compile your paycheck stubs, direct deposit receipts, and tax records to document your lost income.

Compensation for lost income starts from the time you are injured and continues throughout your recovery.

Pain and Suffering

You may be eligible to receive an award for the pain and suffering you endured related to your injuries. If you have a reduction in your quality of life, you may be able to receive compensation for this too. These damages can be substantiated with your medical records, written prognosis, and your own statement about the toll the accident has taken on your life and lifestyle.

Disability

As a result of your injuries, you may be unable to keep working or live independently. We can determine your quality of life based on evidence and pursue compensation for the cost of living with a long-term physical or psychological impairment.

The Importance of Starting the Process as Quickly as Possible

Although construction accident claimants have up to two years to start the process of filing a lawsuit, we recommend starting the process even sooner.

The sooner your personal injury attorney can begin investigating your case, the easier it could be to get some important pieces of evidence. If you wait too long, witnesses could get confused or forget certain details. Also, footage of your accident could be erased and other forms of evidence can be compromised. 

The evidence we collect to support your case can include:

• Photos and video footage of the accident scene
• Statements from coworkers and other witnesses
• Accident, incident, and other official reports and records

By taking prompt action after being injured on a construction site, you can protect your right to compensation.

We Will Help You Receive the Best Possible Settlement

Now that you understand the time limit imposed by the statute of limitations for construction accident claims in Texas, consider how Loncar Lyon Jenkins could help you.

When you suffer an injury on a construction site, you could face both financial and physical difficulties. We believe that if you were injured due to the actions of another party, you should not have to pay for your injury-related losses.

Contact One of Our Case Review Team Members Now

You do not have to pursue financial compensation after a construction accident without legal guidance and support. We work on a contingency-fee basis, so you do not have to pay anything until we reach a settlement in your case.

For help with your case, call one of our team members today at (877) 239-4878 and find out how hard the Strong Arm of Loncar Lyon Jenkins will fight for you.

The post What Is the Statute of Limitations for Construction Accident Claims in Texas? appeared first on Loncar Lyon Jenkins.

• Property owners
• Equipment manufacturers
• Independent contractors

When another party’s negligence causes a construction worker’s injuries, they should be held accountable. Your construction accident lawyer will examine your case to determine what caused the debris chute accident and who is responsible for your damages. Here’s more about liability for construction worker injuries caused by debris chute in Texas.

Construction Safety Laws in Texas

Contractors, company owners, and other parties on construction sites must follow safety rules, including the safe use of debris chutes. They should make sure they are:

• Covering the debris chute enclosures when the debris chute is not in use
• Protecting the openings of debris chutes, including solid planking
• Placing warning signs in noticeable locations at the ends of debris chutes to warn the public and construction workers of the risks

These are just a few of the guidelines that are in place surrounding debris chutes and construction sites. If a subcontractor, contractor, or other third party violated these or other regulations, they may be held accountable for any injuries a construction worker or other victim sustains in an accident.

Liability for Debris Chute Construction Worker Injuries

Establishing liability is part of how construction workers can recover the compensation they are entitled to have. Depending on how your debris chute accident occurred, there are several parties who could share liability for your injuries. Some of these parties could include:

• Contractors
• Subcontractors
• Debris chute manufacturers
• Debris chute designers
• Other third parties

Your construction accident lawyer will determine how your injuries occurred and who is ultimately responsible for covering your costs.

Under Texas Civil Practice and Remedies Code § 33.001, if you are partially responsible for causing your injuries, you can still recover compensation for your damages as long as your portion of fault does not exceed 50 percent. If you share fault for your debris chute injuries, expect your compensation to be reduced in proportion to your percentage of fault.

Forms of Evidence You Can Use to Support Your Debris Chute Accident Claim

To show the other party’s responsibility for the accident, you must have evidence. You could use:

• Your medical records
• The incident report
• Photos of your injuries and the scene of the debris chute accident
• Video surveillance
• Statements from eyewitnesses

You must then apply this evidence, as well as other forms, to the standard of negligence, which comprises:

• Duty of care
• Breach of duty
• Causation
• Damages

All of these elements must be present in your case for you to recover your losses.

Recoverable Compensation for Construction Worker Debris Chute Injuries

Some different types of damages you could recover in your construction accident claim or lawsuit include:

• Hospital bills
• Costs of prescription medications
• Costs of physical therapy
• Medical equipment fees
• Ongoing medical treatment costs
• Pain and suffering
• Mental anguish
• Loss of income
• Loss of potential future earnings
• Disfigurement and scarring
• Loss of household services
• Diminished quality of life
• Loss of consortium

You could also be awarded punitive damages in your case if the court finds the defendant’s actions were grossly negligent or reprehensible. Punitive damages are only awarded in cases where the court system finds it necessary and appropriate to punish the defendant for their actions. 

The Statute of Limitations for Texas Personal Injury Lawsuits

You need to take action soon if you hope to hold the liable party accountable for their negligence via a lawsuit. Under Texas Civil Practice and Remedies Code § 16.003, the statute of limitations will generally only allow two years for injury victims to file their personal injury lawsuit. The same time frame applies to those filing a wrongful death case.

If the statute of limitations runs out before you file, you will no longer have the right to be awarded compensation through the Texas civil court system. Fortunately, when you get a construction accident attorney involved in your case early, the statute of limitations should not impact your ability to pursue your case. They will work to ensure you comply with your given deadline.

Get Help from a Construction Accident Lawyer with Our Firm in Texas

If you were injured or lost a loved one to a debris chute construction accident, but you need help proving liability, call in the Strong Arm. In addition to naming responsible parties, we will help you collect evidence, assess your damages, and negotiate a favorable settlement or verdict.

Reach out to Loncar Lyons Jenkins at (800) 285-4878 for a free consultation with one of our team members. You won’t pay any upfront or out-of-pocket fees, as we work on contingency.

The post Who’s Responsible When a Construction Worker Is Hurt by a Debris Chute? appeared first on Loncar Lyon Jenkins.

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In 2019 (the last time such a study was conducted), OSHA said that 5,333 construction workers died while on the job. The organization acknowledges that the construction sector is among the deadliest workforces.

Various Hazards for Construction Workers

There are many hazards that threaten the safety of construction workers. Some of these hazards are due to the nature of the job, while others are the result of negligence.

Per OSHA, some common hazards on construction sites include:

• Heights
• Being hit by heavy equipment
• Unguarded machinery
• Asbestos
• Silica dust

Categories of Construction Worker Fatalities

The dangers of construction work are so significant that OSHA has created safety training materials that identify the four most common causes of worker fatalities.

These include:

• Falls
• Being caught in or between objects
• Being struck by falling objects
• Electrocutions

Pursuing a Wrongful Death Claim

We can help your family file a wrongful death claim if you lost a loved one to a construction accident.

We will do the following to build your case:

• Determine the liable party
• Collect evidence to prove liability and your losses
• File any necessary paperwork for you
• Negotiate for fair compensation
• Ensure your case complies with any state laws or deadlines
• Take your case to court, if you are eligible to do so
• Advise you on your legal options moving forward

If another party (like an insurance company or your loved one’s employer) asks you to make statements or give information, you can leave this communication to us.

Additionally, if your case needs to go to court in order to recover fair compensation, we will prepare your case for trial.

We Can Partner with Field Experts to Build Your Case

We can also work with third-party field consultants who can give us more insight into the details of your case. We can use their testimony to support your side of the story.

Some of these consultants may include:

• Accident reconstruction specialists. These experts use computer modeling software to prove how accidents happen.

• Healthcare professionals. We can talk to doctors about your loved one’s condition and how it may have occurred.

• Construction experts. We may talk to veterans of the construction industry who can provide us with more information about your loved one’s passing.

• We may talk to these experts about the cost of your damages, even those that have not happened yet.

You will not have to talk to any of these professionals. Our team will take their statements for you.

Forms of Compensation You Can Seek in a Wrongful Death Case

If you lost a loved one who was working on a construction site, you may be able to seek compensation for the following costs and losses:

• Medical expenses. This includes all of the necessary treatment that your loved one needed before their passing. This could include things like life support, hospice, and surgery.
• Lost wages. This accounts for your loved one’s lost wages.
• Loss of consortium. If your late loved one was your spouse, you could recover compensation for the loss of their companionship and affection.
• Funeral expenses. You could seek damages for your loved one’s funeral and burial. Cremation and embalming are included under this category, as well.
• Loss of parental guidance. Minor children of the decedent can receive funds to account for the cost of losing a parent.

We can explain what other forms of compensation you may be able to pursue in your case. We can use your loved one’s medical records, testimony from their doctors, and other documentation to prove the extent of your losses.

How the Statute of Limitations Could Affect Your Case

Depending on the details of your case, you may be eligible to file a lawsuit against the party that was responsible for your loved one’s passing.

According to Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of your loved one’s passing to file your wrongful death lawsuit.

We recommend getting started as early as you can with your case. By acting early, you can protect your legal rights.

Call in the Strong Arm to Fight for You

Unfortunately, construction workers die more often in occupational accidents than workers in different industries. At Loncar Lyon Jenkins, we are passionate about helping injured workers and the families of construction workers seek justice and compensation.

You do not have to be alone in your case. The Strong Arm can stand beside you every step of the way.

Call us for a free consultation to learn how we can begin fighting for you today. You can reach us at (877) 239-4878.

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