Your construction accident case must meet several criteria before you can pursue a civil lawsuit. You cannot have the option of filing for workers’ compensation benefits, you must meet all applicable deadlines, and you must be able to show someone else’s negligence caused your accident and injuries.
A Dallas construction accident lawyer can assess your case and determine your legal options. Most law firms that handle these cases provide free consultations for injured workers and their families. This is the best way to determine if your construction accident injuries are legally actionable.
What Criteria Must I Meet to File a Construction Accident Lawsuit?
You must meet several criteria to recover compensation through a personal injury lawsuit based on a construction accident, including:
Workers’ Compensation Insurance Does Not Cover You
In most cases, construction workers cannot sue if their employers provide workers’ compensation coverage for workplace injuries. However, many construction site accident victims work for non-subscriber companies or are independent contractors not employed by a larger company. When these workers suffer injuries on a construction site, they can sue the liable parties to seek compensation through the civil court system.
You may also qualify for a lawsuit if:
- The liable party is someone other than your employer.
- You were injured on a construction site but are not a construction worker.
Someone Else Acted Negligently
Like other types of injury accidents, construction accidents often occur because of negligence. Negligence requires four elements:
- A party owes everyone on a construction site a duty of care.
- The party breaches that duty, creating an unsafe situation.
- The breach causes an accident or incident.
- The victim suffers physical, emotional, and/or financial harm.
A wide range of negligent parties are potentially liable for a construction accident. In most cases, responsibility falls on the construction site owner, construction company, or general contractor. Other liable parties could include other contractors or subcontractors, equipment manufacturers, engineers, or other companies involved in the work, such as companies that deliver materials on-site.
The Statute of Limitations Has Not Run Out
Under Texas Civil Practice and Remedies Code § 16.003, injured parties or families who lost a loved one usually have up to two years to sue. Missing this deadline could jeopardize your case. The court could ban you from pursuing compensation if you do not file your lawsuit before this time expires.
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Who Is Liable for My Construction Accident Injuries?
To learn who is liable for construction accident injuries, your personal injury lawyer must investigate what happened, why it happened, and the role of each involved party. These accidents often have multiple contributing factors, and the answers are sometimes unclear.
Some reasons behind construction accident injuries include:
- Inadequate safety training provided for workers
- Lack of personal protective equipment
- A culture that does not focus on safety protocols
- Misconduct of another worker or contractor
- Equipment malfunction
- Failure to properly maintain equipment
While the responsible party in these cases is often the property owner, a company overseeing construction, or a general contractor, others could carry fault. Your construction accident attorney must carefully examine the circumstances that led to the accident to discover who acted carelessly or recklessly and put you in harm’s way.
This type of investigation can be difficult or impossible, especially if you have serious or catastrophic injuries. Your personal injury attorney will manage the investigation for you and gather compelling evidence to support your settlement negotiations or litigation.
What Damages Can I Pursue in a Construction Accident Injury Case?
The damages potentially recoverable in a construction injury case depend on several factors, including:
- The severity and nature of your injuries
- Your maximum medical improvement
- Whether you can return to work
- Your ongoing care and support needs
- The circumstances that led to the accident
- The insurance coverage available
Recovering fair compensation for current and future expenses and losses is crucial. Many construction accident victims suffer severe injuries and cannot return to their careers or support their families due to brain injuries, spinal cord injuries, paralysis injuries, and other permanent impairments.
Some commonly recoverable damages include:
- Medical care for accident injuries, today and in the future
- Lost income
- Diminished earning capacity
- Personal property damages
- Related expenses
- Pain and suffering
Under Texas Civil Practice and Remedies Code § 71.002, families who lost a loved one in a Texas construction accident can pursue a wrongful death action. This could allow the surviving spouse, children, and parents to seek and secure compensation and get justice.
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How Will a Construction Accident Attorney Benefit My Case?
A construction injury attorney could greatly benefit your construction accident case. They provide knowledge, experience, and a network of resources and expert witnesses to support your case. When you hire a construction accident lawyer, expect them to:
- Manage All Communication: Your attorney will manage all communication with insurance companies, at-fault parties, and others related to your case. This allows you to focus on healing.
- Get You the Care You Need: Your lawyer can ensure you receive the necessary medical care and therapies for maximum medical improvement.
- Investigate: Your attorney will investigate the circumstances of your accident and gather evidence to demonstrate the at-fault party’s negligence.
- Identify the Liable Parties: Count on your attorney to identify the liable party or parties in your case and build a compelling case against them.
- Negotiate: Your lawyer will manage all settlement negotiations with insurance carriers and liable parties.
- Litigate: Most cases don’t require a trial, but your lawyer will represent your best interests and litigate your case when necessary.
When you hire a construction accident attorney to manage your injury case, you receive more than someone to represent you. Your lawyer comes with knowledge, experience, and resources you could not get alone. They will fight to protect your rights and secure a favorable outcome in your case.
In addition, most personal injury lawyers work based on contingency. You should not have to pay upfront fees or costs to hire an attorney to handle your injury case.
Discuss Your Construction Accident Injuries With Our Team Today
Loncar Lyon Jenkins offers free consultations for those hurt on Dallas construction sites and in similar incidents in other areas of the state. Our construction accident lawyers help both injured parties and those who have lost a loved one in one of these incidents. When injuries occur on a construction site, it’s time to call in the Strong Arm.
Contact our legal team today for your free, confidential consultation with our team. We will review your case and explain your legal options.