Construction accidents can cause catastrophic and fatal injuries that can devastate the lives of the accident victim and their family. In addition, if you suffered a severe injury, you may struggle with the financial burden of your medical treatment, recovery, and other expenses.
Our law firm believes when another person’s negligence causes you pain, you shouldn’t have to pay for the damages they caused. Instead, you deserve compensation for your injuries, monetary losses, and pain and suffering, and we’re ready to help. Call us for a free case consultation to determine if your construction injury might qualify for compensation.
Our Lawyers Will Help You Pursue an Insurance Settlement or Take Legal Action
Attorney Domingo Garcia has represented accident victims for more than 35 years. He and his team of personal injury attorneys use their legal knowledge and experience with the Texas legal system to guide you through every step of your case.
We’ll assist you with filing an insurance compensation claim or pursuing a lawsuit against a liable third party or non-subscriber employer. We also help family members seek justice for deceased loved ones via wrongful death actions.
Someone else’s negligent, wrongful, or reckless actions should not jeopardize your family’s financial stability. So while we can’t take away your injuries, we’ll aggressively pursue the awards you need to care for yourself, or your injured loved one without risking your financial future.
Falls and Other Common Construction Accidents
Many hazards are present on a construction site, including heavy machinery and equipment, construction vehicles, scaffolding, and toxic and harmful substances. These and other dangers can put construction workers at risk for injury.
According to the Occupational Health and Safety Administration (OSHA), falls are the leading cause of fatal construction accident injuries. OSHA states fall deaths are preventable with proper planning, equipment, and training. Accidents involving falls can result from:
- Lack of safety equipment and failure to provide fall protection equipment, such as personal fall arrest systems (PFAS).
- Unmarked fall hazards and unguarded or uncovered holes.
- Failure to provide safety training or institute safety protocols.
- Improper or incorrect use of ladders, scaffolding, tools, and safety gear.
- Unsafe or defective scaffolding.
- Lack of guardrails or insufficient guardrail maintenance.
- Dangerous machineries like forklifts and cranes.
Falls are only one of OSHA’s “top four” construction hazards. The other three most deadly types of construction accidents are:
- “Caught in-between” hazards: According to OSHA, a “caught in-between” accident can involve cave-ins during excavation and trench work, getting caught by or pulled into machinery, and being caught between machinery and other equipment and fixed objects. OSHA recommends preventing “caught in-between” accidents by covering trenches and open holes and shoring up trenches and excavation sites.
- Struck-by: Struck-by accidents involve a worker getting hit by a vehicle, piece of equipment, or a flying or falling object. While falls are the leading cause of fatal construction accidents, struck-by incidents are the common cause of nonfatal injuries among construction workers.
- Electrocutions: Electrocutions can result from direct contact with electricity or live wiring and indirect contact with lights, circuit breakers, and control panels. Accidents involving electricity can be avoided by employing trained electricians, using ground fault circuit interrupters and other protections, using only grounded or properly insulated tools, and taking proper precautions around overhead power lines.
The construction accidents above may be the most common and deadly, but they are not the only incidents that can happen on a construction site. Our Texas construction accident lawyers also assist with cases involving:
- Fires, burns, and chemical burns.
- Explosions.
- Construction vehicle accidents.
- Asbestos and other toxic substances.
- Hazardous fumes and gasses.
- Unsafe demolition.
- Wall and building collapse.
- Defective or improperly used or maintained equipment.
Construction Bystander Accidents
Workers are not the only people who can suffer construction accident injuries. Sometimes, it is necessary for individuals, such as delivery drivers or inspectors, to visit a construction site.
Other times, pedestrians and drivers must pass by or through a construction zone. These people can get hurt by vehicles, falling objects, and other hazards.
We fight for injured construction workers and their families and will also help if you sustain injuries as a construction accident bystander. As with any construction accident case, we’ll investigate how your injuries occurred, discover who is liable, and hold them financially responsible.
Texas Personal Injury Case Deadlines
You must pursue a compensation claim before Texas’s statute of limitations expires. According to Texas Civil Practice and Remedies Code § 16.003, you have up to two years from the accident date to file a personal injury or wrongful death lawsuit.
If time runs out, the court can dismiss your case. While you technically can pursue a lawsuit past this deadline, an expired statute of limitations can hurt your bargaining power and usually result in a diminished or denied settlement.
Construction Accidents Can Cause Permanent and Disabling Injuries
Construction accidents can cause severe and catastrophic injuries. You or your injured loved one may require ongoing medical treatment, a lengthy recovery, and assistance with day-to-day activities.
Furthermore, the side effects of your injury can interfere with your relationships and prevent you from working and participating in hobbies and activities you once enjoyed.
Our injury attorneys will stand by your side if you suffered severe physical harm in a Texas construction accident. In addition, we assist with cases involving:
- Traumatic brain injuries (TBIs): Falls, vehicle accidents, and explosive blasts are common causes of TBIs, and all accidents can happen on a construction site. Head injuries can lead to various symptoms, including memory problems, mood, and behavior changes, loss of coordination and balance, speech problems, convulsions, seizures, sensory problems, and coma or vegetative state.
- Spinal cord injuries (SCIs): SCI symptoms vary depending on severity but may include loss of sensation, bowel or bladder control, infertility or loss of sexual functioning, pain, and difficulty breathing. SCIs can result in complete paralysis or partial loss of movement and sensation below the injury site.
- Back and neck injuries: Back and neck pain can result from overuse (such as strenuous lifting or repetitive motions), sprains, strains, fractures, and trauma. Other back and neck injuries include herniated discs, pinched nerves, and ligament and muscle tears. Serious injuries can also cause bladder and bowel control loss, numbness, weakness, nerve damage, and severe and chronic pain.
- Broken bones: Broken bones, or fractures, can range in severity; for example, a clean break can heal relatively quickly with a cast or splint. Sometimes bones break in multiple places, shatter into pieces, or protrude through the skin. Repairing a severely broken bone may require extensive treatment, surgery, and a long recovery.
- Burns: Burns can occur on a construction site due to fire, hot liquids and materials (such as tar), electricity, chemicals, and contact with hot surfaces or overheated equipment. Second and third-degree can cause severe complications, including bacterial infections, sepsis, breathing problems, and scarring and disfigurement. Burns are also painful, and healing can be lengthy, involving surgeries, months of follow-up care, and treatment in a specialized burn center.
- Injuries due to chemicals and toxic substances: Exposure to harmful and toxic substances found on construction sites can cause rashes, burns, respiratory issues, and occupational illnesses, including cancers. To protect workers, OSHA has regulations to limit chemical hazard exposure and provide safety training and equipment.
Construction accidents can also cause other injuries and side effects, including loss of limb or body parts, organ damage, internal bleeding, and hearing and vision impairment. If you or your loved one suffered an injury, our attorneys would help you recover the cost of your medical bills and other damages.
The Construction Industry Is the Most Fatal in Texas
Construction accidents can be deadly. According to the Texas Department of Insurance (TDI), in 2020, the construction industry had the highest fatalities across all industries statewide in both the public and private sectors. There were 127 fatal incidents that year, representing more than a quarter of all workplace fatalities in Texas.
Texas Civil Practice and Remedies Code Chapter 71 allows a deceased’s surviving family members to recover damages from a death caused by a “wrongful act, neglect, carelessness, unskillfulness, or default.” Under the law, a deceased’s surviving spouse, children, or parents can file suit. If none of these survivors pursue a case, the deceased’s personal representative can seek awards on behalf of the estate and its beneficiaries.
Our Texas attorneys will assist you with a wrongful death case if you lose a loved one due to a construction accident injury.
Construction Accident Compensation
Construction accidents can have a substantial economic impact on victims and their families. According to the National Safety Council (NSC), preventable fatal and nonfatal workplace injuries can cost the United States $164 billion in lost income and expenses in 2020.
Our Texas construction accident lawyers will help you recover out-of-pocket expenses from your injury and monetary compensation for intangible losses related to your pain and suffering.
According to Texas Civil Practice and Remedies Code Chapter 41, personal injury victims can pursue the following:
- Medical expenses: Medical damages may include the cost of emergency transportation and services, hospitalizations, doctor bills, specialist fees, surgeries, medical procedures, prescription drugs, medical devices and equipment, physical therapy, occupational therapy, in-home health services, long-term nursing care, lifecare costs, and hospice.
- Pain and suffering: Also called noneconomic damages, these awards compensate personal injury victims for intangible physical, mental, and emotional losses. We’ll pursue pain and suffering compensation for permanent and disabling injuries, scarring, disfigurement, chronic pain, depression, anxiety, post-traumatic stress disorder (PTSD), sleep disorders, and loss of enjoyment of life.
- Lost wages: We’ll help you recoup your back pay and lost wages, benefits, and earnings. Suppose you sustained a severe or catastrophic injury preventing you from returning to your previous job or forcing you to reduce your work hours or leave the workforce. In this case, we’re ready to help you seek compensation for losing your future earning capacity.
- Miscellaneous damages: You may have various expenses related to your injury, including medical travel and the payment of hiring help with household services. You may also need to renovate your home or update your vehicle to accommodate your injury.
- Wrongful death compensation: Wrongful death awards include losses resulting from your loved one’s fatal injury, including medical expenses and funeral and burial costs. Our personal injury attorneys will also help you pursue compensation for losing your loved one’s financial contributions (including lost inheritance) and losing your family member’s support, services, love, guidance, and companionship. Surviving family members can also seek damages for mental pain and suffering.
Calculating Your Losses
Identifying and calculating your losses involves more than just adding up your expenses. Our lawyers will work with your doctors to estimate the cost of your future medical expenses and understand your injuries’ effect on your daily life. We also work with vocational experts and economists to learn more about your current and future damages and how your injuries interfere with your ability to earn a living.
You can help by saving every bill, receipt, or proof of expenditure related to your construction accident. In addition, to help assess your pain and suffering damages, it can be helpful to keep a daily record of your pain levels and mental and emotional health.
Damage Caps
The only damage caps in Texas are for medical malpractice claims, claims against the government, and punitive damages. There are no damage caps for general personal injury claims in Texas, so you can recover all the damages you qualify for.
If your case is eligible for punitive damages because the negligent party intentionally caused you pain, there is a limit to how much punitive damages you can recover. According to S.B. 25 § 41.008, you can recover up to two times the amount of your economic damages and an amount of noneconomic damages of $750,000 or $200,000.
Each construction accident case is different, and our Texas construction accident lawyers will explain how Texas’ damage caps apply to your situation.
Our Attorneys Will Prove the Liable Party’s Negligence
Several parties may be liable for your injuries and damages. Depending on the circumstances of your construction accident, responsible parties may include:
- A non-subscriber employer
- A general contractor
- An equipment manufacturer (or the entity in charge of equipment or vehicle maintenance)
- A property owner
- A project manager
- A designer or architect
- A job-site supplier
- An electrician, plumber, or another subcontractor
- A coworker
- Another third party
- Construction company
Our construction accident attorneys will investigate your construction accident and build a case using the four essential elements required to prove negligence. For example, say you suffered a head injury due to a fall from scaffolding, and we determine your non-subscriber employer is responsible because they failed to provide safety equipment. Our lawyers will show the following:
- The employer owed you a duty of care: Employers must provide employees with a reasonably safe and healthy work environment. Construction employers also have additional rules and responsibilities established by OSHA and other regulatory agencies.
- Your employer breached their duty of care: In this example, they failed to provide the required safety equipment.
- The employer’s breach of duty caused your injuries: We would show that your injuries directly result from your employer’s negligence, meaning you would not have fallen or sustained as severe of an injury if your employer had safety precautions in place.
- Damages: We’ll demonstrate that your construction accident led to a physical injury, monetary damages, and pain and suffering.
We’re ready to build your case using evidence, which may include the following:
- Photographs of your injuries and the site of your accident
- Available cell phone footage or surveillance video of your accident
- Eyewitness statements
- Police report or official accident reports
- Medical records
- Medical bills
- Receipts, pay stubs, and expense records
- Work records
- Expert testimony
How Can You Help Strengthen Your Case?
Your actions following your construction accident can affect your chances of securing a successful settlement or verdict. If you or a loved sustained an injury:
- Seek medical treatment immediately. Follow your doctor’s orders, and do not skip medical appointments! If you notice a new or worsening injury, notify your healthcare provider.
- Do not discuss your accident or injuries with anyone other than your attorney and doctors.
- Do not post about your accident or injuries on social media.
- If an insurance agent or opposing counsel contacts you, remain calm and be polite; however, do not answer questions about your accident or injuries, discuss your medical treatment, and do not allow them to pressure you into accepting a low settlement. Deny them recording your conversation, and don’t give a recorded statement. Instead, tell them to direct further questions and communications through your attorney.
- Save medical items, including prescription bottles, casts, wheelchairs, or other medical devices or mobility aids.
- Make sure our firm has your updated contact information. If your phone number, address, or workplace changes, inform us so we can contact you.
- Keep your attorney informed of any new information regarding your case, including if you change doctors, receive more medical treatment, or recall any details you think may be necessary.
Our Law Firm Will Be Your Voice
Construction accidents involve multiple liable parties, insurance companies, opposing lawyers, and complex legal issues. You must also file paperwork, collect evidence, and manage case deadlines. This is overwhelming enough without the added stress of caring for yourself or an injured loved one.
Fortunately, you do not have to face your legal burdens alone. Our Texas construction accident lawyers will:
- Collect evidence: You worry about your recovery. We’ll worry about building your case. Let us do the legwork needed to gather documents, speak with witnesses, and hire and work with case experts.
- Pursue fair compensation: We want you to have the resources you need and deserve to aid your recovery and care for your family. Our team identifies every penny you are owed and aggressively negotiate on your behalf. If we cannot secure a fair out-of-court settlement or a lawsuit is your best option for financial recovery, we are not afraid to take your case to trial.
- Handle case communications: Once you hire an attorney, insurance companies and opposing counsel should not contact you directly. We handle phone calls, emails, and meetings and keep you informed with regular case updates.
- Work on contingency: We take our clients’ cases at no upfront cost. Our fees come from a percentage of your settlement or verdict; we do not get paid unless we win. Furthermore, our firm provides free consultations and medical treatment until we win your case.
Our Case Record Speaks for Us
We’ll stand up for you like we have stood for clients across Texas for over 35 years. We have one goal: achieving the most advantageous case outcome for you and your family. Our case record includes multi-million-dollar settlements and jury verdicts for injured construction workers and their families, including:
- $5 million settlement for a construction worker who suffered a scaffolding fall resulting in paralysis
- $5,500,000 settlement following a spinal cord injury due to an unmarked hole cover
- $5,000,000 settlement for a worker that suffered a traumatic brain injury after a fall
- $4,350,000 settlement for a paralyzed worker who fell due to a lack of guardrails
- $4 million settlement for a construction worker who sustained a head injury and a spinal cord injury due to unstable scaffolding
- $3.75 million settlement for a client who suffered injuries due to improper guardrail maintenance
- $3.83 million settlement for the family of a worker who suffered fatal injuries due to the collapse of a boom on a concrete truck
Contact Domingo Garcia for Assistance With Your Construction Accident Case
The Texas construction accident lawyers at Domingo Garcia are ready to help you navigate your insurance claims and take legal action to secure the compensation you need to get back on your feet.
Contact us today if you suffered a personal injury due to someone else’s negligence. A member of our team will get you started with a free consultation.
