Construction is a common sight in the ever-growing Dallas-Fort Worth metro area. New roads, updated residential communities, and fresh commercial facilities dot the ever-shifting landscape of Fort Worth’s most popular neighborhoods, from the Cultural District and Near Southside to Arlington Heights and Fairmount.
Although construction is a welcome sign of Fort Worth’s status as one of Texas’ most popular cities, such sites present numerous hazards for workers and bystanders alike. With so much construction across bustling Fort Worth communities, it’s no surprise that construction accident injuries are common. If you or a loved one suffered a severe injury on or near a construction site, Fort Worth construction accident lawyer Domingo Garcia is here to help.
We Will Advocate for Your Fair Compensation After a Fort Worth Construction Accident
The legal team at Domingo Garcia will help you seek financial recovery after a Fort Worth construction accident. Depending on the accident’s circumstances, we could file an insurance claim with the liability insurance carrier of the party that caused the accident or seek financial recovery through a lawsuit.
Our attorneys know the federal, state, and local regulations pertaining to construction safety and liability. We are dedicated to defending the rights of injury victims and will actively pursue justice on your behalf. If you or someone you love was injured or suffered fatal injuries from a construction accident in Fort Worth, TX, our construction injury lawyers can help you seek the financial settlement you need to recover from your physical, psychological, and financial losses.
Texas Construction Sites Are Especially Dangerous
Construction injuries are one of the top causes of injuries in Texas and across the U.S. According to the National Institute for Occupational Safety and Health (NIOSH), of the 11.4 million U.S. construction workers in 2019, about 991 suffered fatal accidents.
The dangers of construction work are a state issue, as well. According to the Texas Department of Insurance (TDI), 127 of the 469 occupational fatalities in Texas in 2020 were in the construction industry, making construction the most dangerous industry in the state.
Injuries from construction accidents are not always fatal, but they can be severe and even catastrophic. Heavy equipment, working from a height, loud machinery, and harsh outdoor conditions common in Fort Worth combine to create very real threats for construction workers and bystanders alike.
Common Causes of Construction Accident Injuries and Fatalities in Fort Worth, TX
The hazards of construction sites are compounded significantly when workers conduct activities from a height. In fact, per the Occupational Safety and Health Administration (OSHA), 351 of 1,008 fatal construction accidents in the U.S. in 2020 were due to falls from an upper level. The U.S. Bureau of Labor Statistics (BLS) further reports that 46.1% of all fatal slip and fall injuries in 2020 occurred in the construction industry.
OSHA documents falls in construction accidents, categorizing them as one of the top four construction hazards, known as the Fatal Four. The other three hazards are:
Struck By Objects or Equipment
Falling objects can strike individuals on construction sites. Moving vehicles and construction equipment at a construction site can also strike on-site workers. Since Fort Worth construction sites tend to be busy and loud, people can easily be hit when an equipment operator is distracted or cannot see the victim.
Caught in or Between Trenches or Excavations
Trenches, excavations, and other holes present additional hazards for workers and others in Texas construction zones. Protective systems are designed to prevent individuals from falling into or being caught in trenches and other excavations. When those systems are not in place, victims can be buried or crushed.
Electrocution by Power Lines, Tools, and Other Electrical Hazards
Electricity is critical for construction operations, from operating power tools to establishing electrical service for a new building. Victims of electrocution on construction sites may come into contact with live wires from existing utility lines, overhead power lines, and exposed wires. When electrical current encounters scaffolding, ladders, or other metal structures, it can even travel along the equipment to electrocute people nearby.
To reduce the potential for such accidents, OSHA has established numerous regulations and safety guidelines. These guidelines are effective only if they are used properly and consistently on construction worksites. When people overlook or disregard OSHA safety standards and other regulatory requirements, the resulting injuries can cause victims to suffer physical, mental, and financial harm.
The Long-Term Effects of Severe Construction Injuries
Construction sites throughout Fort Worth present significant hazards to the health and safety of workers, visitors, and bystanders. Elevated workspaces, heavy machinery, electrical wiring, and dangerous substances all contribute to a greater likelihood of catastrophic injuries. Such injuries can severely affect the life and happiness of the victim and their loved ones for years to come.
Injuries victims sustain in a Fort Worth construction accident include:
Head Trauma
According to the Centers for Disease Control and Prevention (CDC), traumatic brain injury (TBI) can occur after a bump, blow, jolt, or penetrating injury to the head. Almost half of TBI injuries happen during falls, which are a significant risk on construction sites. Such injuries can cause cognitive dysfunction, sensory disruption, mobility issues, and even death.
Neck and Spine Damage
Damage to the neck, back, and spinal cord can result in partial or full paralysis. Such injuries can occur when a construction worker falls from an elevated workspace or is crushed between objects on the worksite. In most cases, such injuries are non-reversible and require long-term care.
Bone Fractures
Broken bones can occur when someone on a construction site trips, slips, or falls. Construction workers can also suffer bone fractures if they are struck by construction equipment or caught between objects on a site. Severe fractures, such as compound fractures, can take months to heal and result in long-term discomfort and disability.
Crushing Injuries and Organ Damage
Individuals on construction sites are at particular risk of being caught in or between equipment or construction materials. Crush injuries are extremely dangerous, with a high risk of hemorrhage, organ failure, infection, and nerve injury. Crushed limbs are often impossible to heal completely, while internal organ damage may necessitate a transplant or long-term medical treatment.
Eye and Face Injuries
Injuries to the eyes and face can occur due to chemical exposure, sparks, airborne debris, and power tools. When the face is unprotected, flying debris can cause abrasions, cuts, punctures, burns, and other severe damage to the eye and face. Permanent disfigurement and blindness can cause significant difficulties for injury victims.
Burns
Construction sites may have flammable materials and gas canisters near power tools, electrical wiring, and welding. Explosions and open fires triggered by flammable gases exposed to sparks and open flames can cause significant burns that could require long-term treatment and skin grafts. Burn victims may have to cope with severe scarring and disfigurement, as well as chronic pain and discomfort.
Respiratory Damage
Exposure to asbestos, chemical agents, particulate matter, and other airborne materials on a construction site can result in acute and chronic respiratory discomfort, diseases, and injuries. Victims of respiratory damage may require intensive care and special equipment, such as an oxygen tank, respirator, or another assistive device.
Chemical Exposure Injuries
Construction activities often require the use of harsh chemicals that can cause chemical burns on the skin and respiratory discomfort and injury if inhaled. Some chemicals are poisonous and can cause severe reactions, even if a small amount is ingested, touched, or inhaled. Long-term exposure to toxic chemicals can cause chronic illness and cancer.
Stress Injuries
Construction workers often perform repetitive tasks using the same muscle groups repeatedly for hard labor. The constant stress on muscles, tendons, ligaments, and bones can cause tendonitis, nerve damage, joint injury, and a host of other injuries. If left untreated, these injuries can result in mobility issues and chronic disability.
If you or a loved one suffered an injury on or near a Fort Worth construction site, you could be eligible for compensation for the losses you sustained as a result. The Fort Worth construction injury lawyers at Domingo Garcia are here to help you seek financial recovery for your injuries due to someone else’s negligence.
Protect Your Legal Rights After a Construction Accident in Fort Worth
After a construction accident, follow these guidelines to protect your legal right to compensation for your injuries:
Seek Medical Assistance Promptly
Getting medical treatment is your priority after a construction accident. If you are not immediately transported to the hospital via ambulance, be sure to visit the emergency room or your primary care provider as soon as possible. Severe injuries often present mild symptoms at the time of the accident due to adrenaline in your system.
In addition to protecting your health, a visit to the doctor creates a documented record of your injuries that can be used to support your claim. Be sure to follow your doctor’s instructions for treatment, follow-up visits, and physical therapy. Failure to follow your doctor’s orders can harm your case. In fact, insurance companies or opposing counsel could use it as a reason to reduce your settlement value.
Do Not Discuss Your Case
Avoid speaking with anyone about your case, especially the at-fault party, their lawyer, or their insurance company. Remember that they are motivated to reduce or eliminate their liability, so they will use anything you say against you if they can.
Do not discuss your claim with friends, family, or on social media. Any discussion of your ongoing case can compromise your claim. If the police or other authorities ask you to give a statement, speak with your attorney first.
Do Not Sign a Settlement or Release of Liability
In fact, avoid signing any paperwork until your attorney can review it. Insurance companies often offer low settlements to pay injured parties as little as possible. Such settlements usually include a release of liability that will prevent you from seeking any additional compensation. Unfortunately, such settlements rarely cover the full value of the losses sustained, and you could end up paying significantly more out of pocket for an accident that was not your fault.
Document Everything
Due to the severity of your construction site injuries, it can be hard to document the accident scene at the time they occur. If you can, take photos of the accident site and write down everything you remember about how the event happened. Take down the names and contact information of witnesses. If you cannot do any of these things due to your injuries, don’t worry. Our Fort Worth construction accident lawyer can help you gather evidence to prove your case.
Keep a Record of Your Health Status
Maintain a detailed logbook of your health and symptoms, both mental and physical, including dates, times, and locations. Discuss your treatments and their effects and note the challenges you face as you cope with your injuries. These logs can help establish the severity of your wounds and support the value of your non-economic claims, such as pain and suffering and mental anguish.
Consult a Construction Injury Attorney in Fort Worth, TX, as Soon as Possible
An attorney with our firm can help you with obtaining evidence and filing a claim. They also can review any settlement agreements, statements, and other documents the at-fault party provides and protect you from unscrupulous insurance practices.
Time is of the essence in a construction accident case. As time elapses, there is a greater chance that evidence will be altered or lost in the daily operation of a busy construction site. Witnesses may lose clarity about what they remember, and they may forget critical details that could support your case. In addition, there is typically a statute of limitations for construction accident lawsuits. Our Texas construction site injury attorney will ensure you do not miss critical legal deadlines.
Pursuing Compensation After a Fort Worth Construction Accident
When you are injured on a Fort Worth construction site because of someone else’s negligent actions, you should not be the one to pay for health care and other costs. While it is considered good practice to subscribe to workers’ compensation insurance, Texas law does not require private companies to carry coverage. In addition, even when coverage is available, it does not extend to third parties working on the construction site, such as contractors, inspectors, or visitors.
Fortunately, you have other options to obtain compensation for the losses you sustained on a Fort Worth construction project. The first step in a construction accident case is determining who was responsible for the accident. Several parties can be held responsible for an accident on a construction site, including:
- Construction company
- Engineer, designer, or architect
- Electrician, plumber, or another third-party contractor
- Equipment maintenance and repair company
- Manufacturer and distributor of faulty equipment
- Negligent supervisor, co-worker, or a third party present on site
In some cases, multiple parties could be responsible for your injuries. Domingo Garcia will seek to hold all liable parties accountable for your injuries.
Filing an Insurance Claim Against the Liable Party
If you are a worker who was injured on-site and your employer did not subscribe to workers’ compensation insurance, you may be able to pursue an insurance claim through the company’s liability insurance or that of a liable third party. This applies if you were injured as a worker, visitor, third-party contractor, or bystander on or near a construction site.
When you file a liability claim, you must provide evidence to show that the at-fault party directly caused the construction accident. You will also need to prove you were injured as a direct result of that party’s negligent actions or failure to act. Finally, you will need to prove the value of your losses using documentation, such as medical bills and records, photographs and videos of the accident scene, and witness statements.
An attorney who handles Fort Worth construction injury claims can help you obtain the necessary evidence to establish a liability insurance claim against the at-fault party. We can also conduct negotiations on your behalf to seek a fair settlement value.
Filing a Personal Injury Lawsuit Against the At-Fault Party
In some cases, the insurance company will not offer a fair settlement, and it will be necessary to seek compensation through a personal injury lawsuit. The state of Texas allows injured individuals to seek compensation for losses incurred due to someone else’s negligence. For a Fort Worth construction accident, you could seek payment for the following losses:
- Medical expenses, including hospital bills, surgery, inpatient and outpatient treatment, physical therapy, and psychological therapy
- Medical devices and assistive equipment, such as a cane, walker, wheelchair, prosthetic device, oxygen tank, or home hospital bed
- Extended medical care or in-home treatment
- Loss of current and future income potential
- Pain and suffering, including physical and psychological hardship
- Household assistance, remodeling, and other lifestyle modifications
- Damage to property, such as tools, safety equipment, and other property that was damaged in the accident
- Reduced quality of life
- Loss of use
- Loss of companionship
Your Fort Worth personal injury attorney will include any damages or losses related to your injuries caused by someone else’s negligence on a construction project. Our construction accident attorneys in Fort Worth, TX, can review your case and help you decide which damages to seek in your particular situation.
Filing a Wrongful Death Action After a Fort Worth Construction Accident
If you lost a loved one in a construction accident in Fort Worth, TX, we extend our sincere condolences for your loss. The compassionate attorneys Domingo Garcia will pursue justice and compensation on behalf of wrongful death victims after a construction accident. We understand that no compensation can make up for the loss of a loved one, but a wrongful death claim can help you seek financial support to help you during this difficult time.
Per Texas Civil Practice and Remedies Code § 71, the family members of the decedent can seek compensation for losses they could have sought in a personal injury lawsuit if they had survived. Such compensation may include hospital bills, lost income, funeral expenses, burial costs, lost savings and inheritance, and pain and suffering.
Statute of Limitations for Texas Personal Injury and Wrongful Death Lawsuits
Texas Civil Practice and Remedies Code § 16.003 limits the time you have to file a lawsuit for personal injury or wrongful death after a construction accident. However, certain circumstances can affect this time frame, so it is best to speak with a construction accident lawyer in Fort Worth, TX, as soon as possible after the accident.
Even if you do not file a lawsuit, it is best to speak with an attorney right away, as insurance carriers are aware of the statute of limitations. Insurance adjusters are notorious for extending negotiations until the statute of limitations runs out, thereby reducing your potential settlement value and preventing you from pursuing legal action.
A Fort Worth personal injury attorney will be aware of these methods and ensure that your case meets the legal deadlines and requirements necessary to seek fair compensation for your construction injury.
How Our Attorneys Can Help With Your Fort Worth Construction Accident Claim
When you have suffered a severe injury or loss as a result of a construction accident, you need time to focus on your physical and emotional well-being. The construction accident lawyers at Domingo Garcia are here to handle the legal work, so you can take the time you need to recover.
Our Fort Worth construction injury lawyers will:
- Obtain evidence to prove who was at fault for the accident that caused your injuries
- Establish the at-fault party’s negligence and show how it directly cause your injuries and losses
- Prove the financial value of your losses using bills, invoices, pay stubs, photographs, videos, and expert testimony
- Conduct negotiations with the at-fault party and their insurance company
- Pursue compensation from all liable parties
- File a personal injury or wrongful death lawsuit if we cannot reach a settlement agreement with the liable parties
As we handle the legal process, we will maintain open communication so that you always know the status of your case. We will provide legal counsel and guidance every step of the way, but you will have the final word in all decisions, including negotiations, settlement agreements, and whether to proceed with a lawsuit.
Although most personal injury cases settle out of court, we prepare your case for trial from the beginning. Our attorneys have extensive experience in the courtroom and are not afraid to take your case to trial if it means achieving a fair settlement.
Domingo Garcia Has Recovered Multimillion-Dollar Settlements and Verdicts
At Domingo Garcia, we are committed to fighting for your right to fair compensation regardless of your financial status. We offer representation on a contingency basis, which means you pay nothing until and unless we obtain a favorable settlement or verdict on your behalf.
Over the past 35 years, we have settled or litigated millions of dollars for our construction accident injury clients. Our case victories include:
- $5 million settlement for a client paralyzed because of a construction scaffolding failure
- $3 million settlement for the family of a client who was fatally injured in a crane boom collapse
- $4 million settlement for a client who was permanently paralyzed after a spinal injury caused by a construction scaffolding collapse
Learn more about our multimillion-dollar settlements and verdicts for Texas construction accidents here.
Contact Domingo Garcia for Help With Your Fort Worth Construction Accident Claim
If you were injured or lost someone you love in a Fort Worth construction accident due to someone’s negligence, you do not have to face these challenges alone. The compassionate construction accident attorneys at Domingo Garcia are here to help.
Contact our office today to discuss your case and see how we can advocate for your legal right to fair compensation for your losses.
