Many people injured in a construction accident pursue a claim even if their actions contributed to the incident. The applicable laws vary from state to state, but workers hurt in Texas can successfully sue the property owner or general contractor as long as they are less than 51 percent at fault.
Working with a Dallas construction accident lawyer ensures your rights are protected, and you do not have to worry about getting the money you need to pay for your current and future care. They will know how these laws work and how to fight for fair compensation.
Construction Accident Cause and Liability Are Not Always Clear
Never admit you believe your actions or inaction contributed to your construction accident case. Instead, contact a construction accident lawyer. They will assess your case, determine what happened, and help you pursue fair compensation.
Some common contributing factors to construction accident injuries include:
- Preventable hazards
- Failure to enforce safety regulations
- Failure to supervise work on the site adequately
- Lack of fall protection
- Failure to follow safety protocols
- Faulty equipment or poorly maintained equipment
- Failure to properly train workers
- Failure to regularly inspect the construction site
- Failure to adequately warn about dangerous conditions
Those who believe they contributed to their own injuries often did not. They might suffer injuries because of poor safety enforcement, lack of training, or other issues.
Your lawyer will consider the case facts to determine if you played a role in your injuries and fight any allegations of fault.
What If My Lawyer Finds Evidence I Contributed to My Injuries?
If your lawyer determines that your actions contributed to your injuries, you may still be eligible to recover compensation by holding the property owner, a general contractor, or another party accountable.
Under Texas Civil Practice and Remedies Code § 33.001, Texas follows a modified comparative negligence law, proportionate responsibility. Under this statute, victims can recover compensation even if they were partially at fault for their injuries. However, their percentage of fault cannot exceed 50 percent.
This will affect their financial recovery, with potential compensation reduced based on their percentage of fault. If this applies to your case, your lawyer will work to mitigate its effects on your recoverable damages. They will seek the maximum settlement or award possible based on your case facts.
What If the Liable Party or Their Insurer Blames the Accident on Me?
Sometimes, the liable party or their insurance company will claim victims caused or contributed to their injuries even if they did not. When this occurs, having a strong construction accident lawyer on your side is crucial to protect your rights and fight for compensation.
800-285-HURT (4878)Available 24/7 | 356 Days | se habla español
Evidence Necessary to Build a Solid Construction Accident Lawsuit
The key to any solid construction accident case is to have strong evidence to show:
- Another party owed you a duty of care, often due to industry regulations or laws
- They breached this duty
- Their breach caused the accident
- You suffered injuries and financial losses because of the accident
This becomes even more important when there are allegations that you may have contributed to the incident and your injuries. You want a knowledgeable, experienced, and skilled construction accident attorney to handle your claim and investigate what happened. They will know how to identify, preserve, and organize evidence to show negligence and liability.
Some common types of evidence used to bolster a construction accident case include:
- Official reports
- Eyewitness statements
- Video of the incident
- Photos from the scene
- Relevant medical records
- Expert witnesses
- Documentation of damages
Building a compelling case that shows another party’s negligence caused your accident and injuries is especially important for those with life-altering catastrophic injuries. These injuries, such as traumatic brain injuries or spinal cord injuries, often require ongoing treatment and support.
Recoverable Damages Commonly Available in Texas Construction Accident Cass
The recoverable damages usually available after a construction site injury include a wide range of expenses and losses the victim incurred. Your personal injury attorney will help you identify, prove, and value your recoverable damages based on your case facts.
If the jury agrees that you contributed to the incident, you cannot recover full compensation based on your expenses and losses. However, you can still pursue a construction accident case and recover a portion of the damages as long as you are not more than 50 percent at fault.
Some common recoverable damages in Texas construction site accidents include:
- Current and future medical expenses for treatment, therapy, and other costs
- Ongoing care and support needs
- Loss of income
- Diminished earning ability
- Personal property damages
- Related expenses
- Pain and suffering damages
- Wrongful death damages as allowed under Texas Civil Practice and Remedies Code § 71.00
800-285-HURT (4878)Available 24/7 | 356 Days | se habla español
When Should I Call a Texas Construction Accident Lawyer About My Case?
Most accident victims and families of those who lost their lives have up to two years to sue under Texas Civil Practice and Remedies Code § 16.003. However, you should not wait until this deadline is near to begin building a case. You want your construction accident lawyer to have as much time as possible to develop a strong case, especially if there are allegations that you contributed to your injuries.
Contacting an attorney for a free case review should be a priority after your injuries are stable. Making this phone call from the hospital, a rehabilitation center, or as soon as you get home is a good choice. This allows the attorney to protect your rights and quickly gather time-sensitive evidence.
Discuss Your Construction Accident Injuries With Our Team for Free
The personal injury lawyers at Loncar Lyon Jenkins offer free case consultations for injured parties and their families after Texas construction accidents. Our team can help you whether you were hurt or lost a loved one in one of these incidents. Let our construction accident lawyer assess your case and explain your options. When you get hurt, call in the Strong Arm.
Contact us today. We have someone available to take your call now.