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What Is the Statute of Limitations for Construction Accident Claims in Texas?

The statute of limitations for construction accident claims in Texas depends on the deadline set by the liable insurance company. Most insurers want to be notified of an incident immediately after it happens.

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.

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Author

Ted Lyon

Born in Terrell, Texas, Attorney Ted Lyon, a partner of Loncar Lyon Jenkins, attended East texas State University, now Texas A&M at Commerce, where he obtained his undergraduate degree in political science. Working as a police officer, Attorney Lyon paid his way through undergraduate school, followed by attendance at the Southern Methodist University School of Law. Learn More

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