There is no such thing as a “typical” length of time when it comes to resolving a construction accident case. Your case may go faster or more slowly depending on the facts of the case, the strength of your casefile, and whether or not the insurer is willing to cooperate with you.
It is a good idea to hire a Dallas construction accident lawyer to help you better understand your options and to make sure your case goes as smoothly as it can.
What Factors Affect Your Construction Accident Case?
As with any kind of personal injury or wrongful death case, construction accident cases involve many different parties with their own sets of responsibilities and their own visions for how the case should unfold. For example:
- You, naturally, want to receive fair compensation as quickly as possible. If you have plenty of evidence backing up your case (e.g., video footage of the accident), you may be able to secure that money faster than if there is scant evidence or any doubt about what really happened.
- The liable party wants to avoid getting into trouble. They might try to deny responsibility for the accident or even accuse you of behaving irresponsibly or lying about how you were injured.
- The liable party’s insurance company wants to pay as little as they can. They may move very slowly on your case so that you get frustrated and give up, or they might try to end things quickly by offering you a lowball settlement.
- Each party’s lawyers represent their client’s interests—and no one else’s. You cannot expect an attorney who works for the liable party or their insurer to give you sound legal advice.
Taking Your Construction Accident Case to Court Versus Settling
Another factor that typically influences how long it takes to resolve construction accident cases is whether or not you settle out of court. In general, it takes less time to negotiate a pretrial settlement than it does to prepare for court, go through a trial, and wait for the jury’s verdict.
Whether you end up settling will ultimately depend on whether the insurance company offers you fair compensation. If they do not, court may be your only option.
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Who Can Bring a Construction Accident Case?
Your right to file a case following a construction injury may depend on whether or not you work for a non-subscriber employer. Put simply: does your employer offer workers’ compensation benefits? If so, you can file a claim for these benefits. If not, you might have a viable construction accident case.
Assuming that your employer is a non-subscriber business, you can bring a case if:
- You were injured while working for a construction company
- Your injury occurred while you were performing your normal job duties
- Your injury could have been avoided if someone else (your employer, a tool or machine manufacturer, etc.) had behaved more carefully
- You have enough evidence to prove that the liable party was responsible for your safety and that they failed to protect you
Filing a Case Alone Versus With a Construction Accident Attorney
You should know that legal cases, even those with few complications that get resolved quickly, take a great deal of work. You may be unfamiliar with legal matters, while the liable party and their insurer have professional attorneys to protect them against cases like yours.
A law firm in your area can manage all of the tasks associated with your case, from contacting the liable party to negotiating a fair settlement and even representing you in the courtroom. This can save you a great deal of time by enabling you to avoid common mistakes and giving you the chance to recuperate peacefully rather than having to actively fight for what you deserve.
Filing Your Construction Accident Case in Time
Not only could starting your case promptly give you a better chance of getting your money faster, but the law outlines how long you have to file your lawsuit for damages. Each state allows personal injury survivors only so much time to seek damages. In Texas, for instance, that limit is two years, per Texas Civil Practice and Remedies Code § 16.003.
This same deadline applies if you are filing on behalf of a loved one who passed away from their injuries.
Is Your Construction Accident Case Taking Too Long?
While it is important to recognize that your case will not be resolved overnight, you should also be aware of warning signs that something is wrong. Doing so is much easier with the help of a construction accident attorney who can keep track of things like:
- Who receives what paperwork: Your legal representative can deal with all forms on your behalf. They can keep in touch with the other parties to make sure these forms are sent and received in a timely manner—and send out replacements of lost paperwork as necessary.
- What each party should be doing: Your lawyer can use their legal knowledge to determine what each party is doing at each stage of your case and how much time it takes to complete these steps. If any party takes an unduly long time, your attorney can check in and make sure everything is all right.
- Deciding when to go to trial: Lawyers often try seeking a settlement first, because this is faster and easier. If the insurer does not cooperate, however, they can threaten to go to court—and then follow through if the insurer continues to reject your negotiations for a fair settlement.
- Your own responsibilities in your case: Without a legal representative, it is easy to forget to do something important and jeopardize your case unnecessarily. Hiring someone to handle your case for you eliminates that concern.
800-285-HURT (4878)Available 24/7 | 356 Days | se habla español
Let Us Help You Resolve Your Construction Accident Case
It typically takes months or even years to resolve a construction accident case. You deserve to spend that time focusing on your personal recovery—and the team at Loncar Lyon Jenkins can give you the chance to do so. Call us today to get started. We can even begin your case virtually if you cannot come to our office right away.