Construction can be exciting as new areas and buildings are created. But Tyler’s construction sites can be dangerous and potentially full of accident risks. The aftermath of a construction accident can be overwhelming and challenging. If you have been in such an accident, maybe you suffered permanently disabling injuries, or perhaps you cannot work at your old job like you used to do.
You may also have extensive bills from the accident, be we encourage you to explore options that could help cover these costs. A Tyler and Longview construction accident lawyer from Domingo Garcia can help you pursue compensation from those responsible for the construction accident. We can talk with you about any legal recourse you have during a free consultation.
The Dangers at Tyler Construction Sites
Construction sites around Tyler or Longview are full of heavy-duty activity and equipment. Frequent changes occur in a construction site environment, including those involving building materials, equipment, and vehicles. People working at or near a construction site are at risk of several potential hazards, including the following:
- Falls, which according to the Occupational Safety and Health Administration (OSHA), account for the largest number of fatalities in construction
- Accidents involving stairways and ladders, which can include falls and fall-related injuries
- Accidents involving scaffolding
- Injuries or accidents from electrical hazards such as electric shock, electrical fires, or explosions
- Risks related to work in trenching and excavation
- Dangers from operating motor vehicles at or near a construction site
Accidents can also involve specific vehicles like loaders, forklifts, cranes, or bulldozers. Your particular risk for construction injuries will depend on factors such as your job and the construction site’s equipment.
Preventing Construction Injuries
Those in charge of construction site safety must follow OSHA regulations to maintain a safe working environment. Failure to comply with safety regulations can result in serious injury and potential liability. As someone at a construction site, you must follow proper safety protocol to minimize your risk of a construction accident.
For example, wearing a helmet can help minimize your head injury risk in a construction accident. You can also use other safety equipment provided to you by your employer, such as earplugs or protective clothing.
Getting the training and experience you need to do your construction job safely is also important. For example, operating specific equipment or vehicles may require a particular certification or training. However, even when you follow all appropriate safety protocols, devastating and severe accidents can still happen.
Common Injuries in Tyler Construction Accidents
Anyone can experience an injury at a construction site. These injuries will vary based on the unique circumstances involved. For example, you could experience fractures from a fall. Fractures can take time to heal, and some even require surgical correction. You may have lacerations that require stitches, strains, or sprains that require physical therapy to help you regain full functional capacity.
Finally, you may also experience exposure to dangerous chemicals or substances that cause illness. In the long run, some exposures can also lead to disorders such as cancer.
Catastrophic Injuries in Construction Accident Cases
Some construction accidents can lead to extreme disabilities. Accidents that cause severe wounds are labeled catastrophic injuries. For example, let’s say you experienced a spinal cord injury on a construction site that paralyzed you from the waist down. This could constitute a catastrophic injury.
Suppose you experience a fall at a construction site, such as from scaffolding, a ladder, or stairs. In that case, your injuries could range from mild to severe. In extreme cases, you could experience a traumatic brain injury (TBI). With a traumatic brain injury, you may lose your ability to perform everyday activities or communicate with people in the same way you could before the accident.
Spinal cord injuries can also result in similar devastation, leading to disabilities that could change how you live the rest of your life. In cases like this, you may have the option to pursue a catastrophic injury case.
Wrongful Death in Construction Accident Cases
Some cases of construction accidents can result in death. For example, falls from significant heights or crushing injuries from unsafe equipment can result in death. Injuries high on the spinal cord can impair your ability to breathe. Blunt force trauma can damage your heart or lungs. Other times, you might not have received the appropriate medical treatment in the proper time frame.
If your loved one suffered a wrongful death on a construction site in Tyler, you might be able to file a wrongful death lawsuit. Compensation in these cases can cover expenses like funeral and burial costs and replace the deceased’s household income.
What Costs Could I Have After Experiencing a Construction Accident?
Costs can add up in a construction accident, and you may not realize these costs initially. Some expenses are related to immediate care, and others are from long-term follow-up. Costs may include the following:
- Medical costs: This can include bills from emergency room treatment, surgeries, diagnostic tests, physical or occupational therapy, and follow-up visits.
- Lost income: You may not have been able to work after a construction accident or do your job in the same capacity as before the accident.
- Property costs: You may have to replace personal property damaged in the construction accident.
- Out-of-pocket costs: You may have costs like travel expenses or legal fees after a construction accident.
Costs from a Traumatic Injury or Wrongful Death
Sometimes the costs might even be more extreme. For example, you may now have severe disabilities if you had a traumatic injury. You may need to renovate your living space to be handicap accessible. You may need to hire someone to help you with activities you used to be able to do on your own.
In the case of wrongful death, your loved ones may also have high costs. For example, perhaps your job brought significant income to your family. Without this income, your family may be struggling financially. This financial need can come on the heels of funeral and burial costs.
Who Is Responsible for a Construction Accident in Tyler?
More than one person or group may be responsible for your construction accident. You may take legal action against more than one group in your construction accident case. For example, the following parties might bear the blame in your construction accident case:
- General contractors
- Trade Subcontractors like roofers, framers, masons
- Equipment operators
- Crane operators
Even if your employer bears responsibility, you likely have the option to pursue compensation through personal injury claims from third parties as well. The exact blame for your construction accident will depend on what happened in your unique circumstances.
Taking Legal Action Against an Employer Who Is a Non-Subscriber
Workers’ compensation typically helps to cover costs after a workplace-related accident. If your employer has workers’ compensation, it typically covers your medical expenses from the construction accident. It gives you a portion of your wages while you cannot work. Workers’ compensation also offers a certain amount of protection to your employer, meaning that you typically have fewer options when it comes to suing your employer for compensation.
Texas laws are different from other state laws regarding workers’ compensation. In Texas, some employers can opt out of carrying workers’ compensation. These employers are called non-subscribers. In cases where your employer is a non-subscriber, you would have the option to sue your employer for damages in a construction accident case.
Compensation in Construction Accident Cases
After experiencing a construction accident, your compensation should ideally cover your costs related to the accident. It should help you move forward with your life so that you don’t have to pay for the fallout. In cases of severe disability or traumatic injury, compensation can help you cover long-term costs and help improve your life as much as possible.
Even with over 30 years of experience, our legal team won’t be able to tell you exactly how much you may be able to recover in compensation. However, once we’ve had a chance to review what happened in your case, we may be able to estimate a compensation amount.
Pursuing compensation in a construction accident helps to hold irresponsible parties accountable so that these sorts of accidents don’t happen to someone else in the future. You may choose to file a claim against more than one responsible party.
Compensation for Economic Damages
Economic damages involve lost money or expenses you experienced because of your construction accident. You may be able to recover economic damages for a few different reasons.
For example, compensation in a construction accident case can help with costs from your medical bills, which may be expensive after the injuries you sustained. Even with insurance, medical bills can be costly, particularly if you require extensive treatment and follow-up.
You may also be able to recover compensation for wages you lost, both during recovery and future wages. For example, let’s say you experienced a spinal cord injury at a construction site. Let’s further say that you had to take extensive time off from work and lost the money you would typically be paid during this time. You could recover this lost income.
However, suppose you cannot return to your job in the same way after the accident. In this case, you could recover compensation for your reduced earning capacity and the wages you would have generally made in the future.
Compensation for Non-Economic Damages
Sometimes, the damages in a construction accident go far beyond the money you lost. Non-economic damages have to do with costs that are significant but not tangible. For example, you may be able to recover compensation for the pain and suffering you experienced from your construction accident. This can include physical pain and suffering but also the mental and emotional pain and suffering you experienced.
If you experienced severe disability, you might be able to recover compensation for diminished quality of life or loss of enjoyment from activities you once were able to do.
How Working with a Construction Accident Lawyer Can Help
Construction accident lawyers will be aware of the laws and regulations that will apply to your construction accident case. They can review what happened in your unique circumstances to help you determine who may be responsible. If you choose to pursue compensation, your lawyer will work with you through the unique process of filing a construction accident claim.
Every case is different, and we may be able to assist you in several areas:
- Review the facts of your construction accident case: Our attorneys will go over everything so that we can get an accurate picture of the events. This may include reviewing photos, medical reports, and videos that document your construction accident.
- Determine who may be responsible for your construction accident: For example, we will check what factors contributed to your accident and who influenced or controlled those factors.
- Estimate and review what compensation you may be able to receive: We may consult with experts and witnesses to determine what sort of compensation you may be able to get.
- Help you determine what legal options are available: We will offer you the legal advice you need to help your actions align with your best interests. We can also provide guidance if you have already received offers from insurance companies.
- Take you through the process of filing a construction accident claim against the responsible parties: We will help handle the paperwork of this process and keep you updated throughout the course of your construction accident case.
- Negotiate and communicate with responsible parties to reach a settlement: Ideally, we can settle your construction accident case outside of court. However, we are prepared to take your case to trial as needed.
Proving Negligence in a Tyler Construction Accident Case
Our Tyler construction accident lawyer will work with you to prove negligence in your construction accident case. In general, this process has a few steps:
- Someone, such as a non-subscriber, contractor, or supplier, was responsible for your safety and well-being at a construction site.
- That person or group failed to act how they should have or acted in a way that was careless or reckless. For example, someone failed to set up scaffolding correctly.
- The person’s actions led to or contributed to the construction accident you experienced.
- You experienced damages from the construction accident, such as physical injuries, lost wages, or pain and suffering.
Your lawyer will do this by presenting evidence of your specific situation and the damages you sustained.
How Long do I Have to File a Construction Accident Lawsuit in Texas?
Similar to other personal injury lawsuits, you typically have about two years to file a construction accident lawsuit, per Texas Civil Practice and Remedies Code § 16.003. This would be from the date of the construction accident that you experienced. While this can seem likely plenty of time to file a construction accident lawsuit, it can be helpful to consult with an attorney early in the process.
Our Domingo Garcia construction accident attorneys can help you understand the legal options available and the best choices for pursuing compensation. Our attorney will also work with you to ensure you don’t miss deadlines related to your Tyler construction accident case.
Even if you are unsure about what to do, a construction accident attorney can help you review possible legal options even if you choose not to pursue them.
Settlements in Texas Construction Accident Cases
Our team at Domingo Garcia fights for victims in various personal injury cases, including construction accident cases. Consider some of the following payouts from previous cases:
- $5 million in a construction scaffold fall case
- $ 4 million in a construction accident case
- $ 1,675,000 settlement after a worksite incident involving a scaffolding collapse
- $1 million settlement after a client fell from scaffolding and experienced multiple orthopedic injuries
Payouts in every case are different. However, the higher the amount of damage you sustained, the more you may be able to recover in compensation.
What Our Clients Say About Working With Our Construction Accident Attorneys
At Domingo Garcia, we are proud to serve our clients, including those in the Tyler area. Every case is different, but our attorneys are ready to help you in any way we can. Here are what a few of our clients had to say after working with our firm:
- Mrs. Gracie Cisneros was very helpful and reliable throughout the long-awaited process. Thank you, Gracie, for your service. We truly appreciate you for making the calls and scheduling all appointments necessary to get our case closed. ~ C.Z.
- Domingo Garcia law office team are very professional, helpful and will keep you updated. Thank you, Claudia and her team, for helping with my case. I totally recommend them! ~ L.G.
- My husband and I hired this law firm after a terrible experience with another law firm. We were assigned Nzinga, Miguel, and Crystal. They have been nothing less than professional from the start! Nzinga and Miguel were very welcoming during our intake. Their attorneys studied our case and were very thorough when explaining their strategy and the timeline. The team is also very responsive to our requests, and they also provide frequent updates so that we are always privy to what’s happening. I feel very assured that our case will be handled with honesty, great care, and vigor! ~ T.P.
We want you to have just as positive an experience after working with us. We want to come alongside you and help make the legal process as simple as possible for you.
Steps to Take After Experiencing a Construction Accident in Tyler, TX
The steps you take after a construction accident will depend on your unique circumstances. It is important to stay calm and focus on your immediate needs. If possible, remove yourself from any immediate danger, such as a fire or dangerous electrical area.
Getting Medical Care
It is essential to get the medical treatment you need after experiencing an accident at a construction site. Even if you feel fine initially, you may have sustained injuries that can lead to problems later.
For example, let’s say you experienced a fall at a construction site. In this case, you may need to go to the emergency room. In the emergency room, doctors will perform diagnostic tests to assess the damage caused by the fall. From here, emergency interventions, such as setting broken bones or performing any emergency surgery, can take place. It’s also important to take time to heal, which may involve taking time off from work.
You should follow the instructions of trained medical professionals after experiencing a construction accident. A doctor might give you medications to help with pain or recommend restrictions on movement while your injuries heal. Following these recommendations ensures you don’t worsen any of your injuries.
Reporting the Accident and Getting Legal Help
You will likely need to report the accident to several parties, such as those responsible for the site’s safety. You may also need to inform your employer about the accident based on your company’s policies and procedures.
Sometimes, insurance companies may contact you soon after a construction accident to try to “deal with” the compensation aspect. However, if insurance companies contact you early, it can be useful to get legal help before accepting any offers or discussing your case in depth.
Our construction accident attorney serving Tyler can help you determine your next legal steps and advise you about accepting any offers from any insurance companies.
Begin Your Free Case Consultation Today After a Tyler Construction Accident
Our attorneys believe in starting with an honest dialogue so that you can understand your legal options in a construction accident case. We will carefully review what happened in your construction accident case and work to get you the compensation you deserve.
We want to hear about what happened in your construction accident case, and we are ready to answer your questions and help you move forward. Call us today to begin your case consultation.