The damages recoverable in a construction accident lawsuit depend greatly on the expenses and losses the victim incurred because of their injuries. Generally, victims seek compensation for economic and non-economic damages to cover their current and future related costs.
Hiring a Dallas construction accident lawyer to manage your personal injury case ensures you understand your range of damages and their potential settlement value. A lawyer will fight for fair compensation for you, whether they negotiate or litigate your case to seek a payout.
A Construction Accident Lawyer Can Identify Recoverable Damages for You
When a personal injury attorney builds a solid case to support a client’s claim or lawsuit, they must identify, document, and value their recoverable damages. This requires them to understand their current and future costs.
Some of the most common types of damages recovered in Texas construction accident cases include:
Medical Costs
Victims hurt in construction accidents often have severe or catastrophic injuries. Their recoverable damages should cover medical care costs for treatment, rehabilitation, and ongoing care. Some injuries, such as a paralysis injury, could include life-long compensation for necessary support, equipment, and therapies.
Lost Income
Victims often miss work because of their injuries. When that happens, they can pursue compensation based on their lost pay. For those with catastrophic injuries, it may be impossible to return to their previous career or to work any job. When this occurs, the individual can recover compensation based on their diminished earning capacity.
Personal Property Damages
If the victim’s personal property is damaged or destroyed in the accident, they can seek money for repair or replacement. Some examples include eyeglasses, smartphones, safety equipment, and tools.
Related Expenses
Victims should save all receipts for accident-related costs financial losses. Recovering compensation for parking, travel, and other related expenses may be possible. Your lawyer can offer advice about other expenses you might claim as a part of a construction accident lawsuit.
Pain and Suffering
Construction accident victims can pursue compensation for their non-economic damages when they file an insurance claim or lawsuit. These intangible losses include their physical pain, loss of enjoyment of life, and emotional distress. A personal injury lawyer will help them understand the potential value of these damages.
Wrongful Death Damages
Per Texas Civil Practice and Remedies Code § 71.002, some immediate family members can pursue damages after losing a loved one in a Texas construction accident. This includes spouses, children, and parents. Under certain circumstances, the estate executor can also file a wrongful death action to recover money for the victim’s heirs. Construction accident lawyers also manage these cases.
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Who Is Liable for My Texas Construction Accident Injuries?
Determining liability in a construction accident is often a complex task. Depending on the circumstances, there is a long list of potentially liable parties in these cases. This could include:
- The property owner
- The general contractor, often a building company
- Other contractors or subcontractors
- Other businesses with workers on-site
- Manufacturers of faulty equipment
The circumstances surrounding the accident and injury are vital to determining liability and holding the at-fault party responsible. A construction accident lawyer will assess your case and identify the potentially liable party. Then, they will gather evidence to build a solid case against them. Without compelling evidence, it is difficult to negotiate a fair settlement or win compensation in court.
Necessary Evidence for a Compelling Construction Accident Case
Substantial evidence is necessary to support a compelling construction accident case and recover damages. Your lawyer will handle the investigation and gather this evidence if you choose to have one represent you. This removes your burden and allows you to focus on treatment and healing.
Evidence commonly used to show negligence and liability in a construction accident case includes:
- Official reports from regulating agencies or first responders
- Eyewitness statements
- Video of the accident
- Photos or other documentation of the scene
- Accident scene survey
- Relevant medical records
- Expert witness testimony from medical professionals, industry experts, and others
- Documentation of damages
Only once your attorney has the necessary evidence to support your claim will they demand fair compensation from the liable party. This could lead to negotiating a settlement or litigating your construction accident injury case in civil court.
When Should I Contact a Construction Accident Lawyer About My Case?
Per Texas Civil Practice and Remedies Code § 16.003, victims and families who lost loved ones usually have up to two years to sue the liable party based on a construction accident. However, developing a solid argument for compensation is challenging if you wait this long to begin building a case.
A lot of construction accident evidence is time sensitive. This could include video of the incident, detailed eyewitness statements, and documentation of the scene. Any or all of these could be crucial evidence in your case. Even worse, they are often in the possession of the liable party.
When you contact an attorney about your case early after your injuries occur, they can protect your rights, preserve evidence, and begin building a convincing case. We recommend talking to a law firm about your Texas construction accident injury as soon as you are stable and able to make the call.
If your loved one has catastrophic injuries and will not be able to make the call on their own for several weeks or longer, do not hesitate to reach out on their behalf.
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Discuss Your Texas Construction Accident Injuries With Our Team
Loncar Lyon Jenkins provides consultations for individuals and families after construction accidents in Texas. Our team can assess your case and discuss your options with you. Our construction accident lawyers help injured parties and loved ones who lost someone in one of these incidents. When you need help, call in the Strong Arm.
Contact our team online or by calling us for a free consultation today.