Work injuries can be especially severe and even catastrophic. Victims may suffer paralysis, brain damage, or other serious, lasting harm. Their families may suffer long-term emotional and financial damages. Yet, you know this all too well.
Following an on-the-job injury, you can turn to Domingo Garcia for assistance. For over 35 years we have represented injured Texas workers and the families of workers killed as a result of someone else’s negligence. The work injury attorneys at Domingo Garcia have recovered multi-millions of dollars in dozens of lawsuits involving many different types of work injury accidents.
We offer comprehensive legal support, so you can focus on your family’s well-being. A Texas work injury lawyer can file your claim, assess your losses, and fight for what you need. You can learn more during a free case evaluation.
Our Texas Injury Team Can Begin Your Case at No Cost
When you become our client, your attorney will work for you on a contingency-fee basis. This means you won’t have to pay any attorney’s fees unless we recover compensation.
With this fee arrangement, you may find it easier to afford your medical treatment, especially if it’s extensive. This arrangement may also give you peace of mind, knowing that you don’t owe us retainers or hourly rates.
You Can File a Third-Party Liability Claim Following a Workplace Injury
You can file a third-party liability claim if another party’s negligence caused your condition. So, a subcontractor, another business, or another party could owe you damages. You can also initiate a claim if your injuries resulted from a defective product you used on the job.
This is an example of many scenarios that could entitle you to damages:
- You or a loved one were employed at a construction site.
- Guardrails, hole covers or other fall protection safeguards were not in place or not maintained by another contractor, your employee or the general contractor.
- You suffered a fall and have serious injuries or your family member was killed as a result of a fall
It’s important to note that in many workplace injury cases, you cannot sue your employer if they carry workers’ compensation insurance. However, you still have legal options against other parties including the general contractor..
These Parties Could Be Liable for Your Texas Work Injury
A work injury lawyer from our firm can identify the responsible parties and pursue compensation from them. You could even hold more than one party accountable for your losses, giving you more than one avenue of seeking damages.
Liability for your losses may rest with:
- Your employer
- A general contractor
- A negligent coworker
- A subcontractor on the job site
- A job site supplier
- A property owner or manager
- A manufacturer or renter of equipment
- An engineer or a product designer
- An electrician
- A maintenance professional
- A pedestrian
- A motorist
Your case’s evidence will give us insight into who should pay for your losses.
What Damages Can I Claim in My Texas Work Injury Case?
You may have a number of recoverable financial and non-financial damages due to the accident and your injuries, such as:
- Complete wage replacement and related damages: A personal injury claim or lawsuit may let you recover all of your lost wages, as well as any lost benefits, bonuses, and retirement contributions. You could even claim lost earning potential.
- Medical bills and related bills: Compensation for your medical bills could include medication, assistive medical equipment, accommodative home renovations, life care, surgeries, and therapy.
- Pain and suffering and other intangible damages: Your injuries may cause significant physical and mental pain and suffering. You can seek these damages in your personal injury claim or lawsuit. You can also claim related damages, including anxiety, disability, disfigurement, paralysis, loss of consortium, and/or loss of enjoyment of life.
- Other tangible damages: These could include property damage costs, hiring in-home help, and assistance with childcare.
We Can Seek Wrongful Death-Related Damages
You may have lost a loved one in a tragic work-related accident. If so, we’re very sorry for this loss and for what your family must be going through. With our help, you can claim wrongful death damages, such as:
- Loss of consortium
- Loss of spousal support
- Loss of parental support
- A loss of family income
- Medical bills
- Funeral-related expenses
- Pain and suffering
- Mental anguish
We Will Evaluate Each of Your Injury-Related Losses
Without assistance, you may not understand how much you can recover. Sure, you can calculate your medical bills and property damage receipts. But what about damages that don’t have inherent dollar values, such as pain and suffering?
A Texas work injury lawyer from our firm can evaluate all of your damages. They will use one of many methods recognized by employers, insurance companies, and judges. We may also consult with economists, medical professionals, and mental health experts to learn more about your situation.
When your case resolves, we want you to walk away with the settlement you deserve––and not a penny less. You can learn more about your compensable damages when you connect with Domingo Garcia today.
Your Workplace Injury Lawyers Will Assert Your Case’s Value With Evidence
It isn’t enough to list your damages and present them to the insurance company. You must prove you actually have these damages. This requires evidence, such as:
- Your medical patient records
- Photos of the accident scene and your external injuries
- Your employer’s statement about the incident
- The injury report you submitted to your employer
- The report the police wrote up after the incident
- Onsite security camera footage of the incident
- Pedestrians who witnessed your accident
- Maintenance records of the equipment or machinery that caused the incident (if applicable)
As noted, we may also consult with experts to learn more about your damages’ value.
Texas Imposes a Deadline on How Long You Have to Seek Damages
Your Texas work injury attorney understands all laws that apply to your case––including the statute of limitations. You generally have two years to file your case, per Texas Civil Practice and Remedies Code § 16.003. By filing your case on time:
- You preserve time-sensitive evidence, such as camera footage.
- You uphold your right to damages through the civil court system.
- You prevent the other party from contesting your case’s validity.
Your attorney will meet all deadlines related to your case. By connecting with us as soon as possible, you prevent the statute of limitations from negatively affecting your situation.
What You Can Expect from Your Workplace Injury Lawyer from Domingo Garcia
You don’t have to be an expert on workplace injury law to seek damages. You can leave those matters to your lawyer. We will:
Prove Liability for Your Accident-Related Losses
To recover damages, you must prove how another party’s negligence caused your injuries. This involves showing that:
- The other party was responsible for your well-being while at work.
- Another party disregarded these obligations, perhaps by allowing hazards to exist on the worksite.
- The other party’s irresponsible actions led to your injuries.
- You have various losses related to your condition, such as medical bills and lost income.
We will show these elements using your case’s evidence. We must also understand your accident’s cause to assert them.
Establish How Your Accident Happened
Our investigation may find one or more of the following factors caused your workplace injury such as:
- An employee operating equipment, like a crane or forklift, in an unsafe manner
- An employer neglecting to inspect and fix equipment, like safety gear
- An employer failing to train their employees in workplace safety
- A general contractor failing to ensure their subcontractors have adequate experience or are using appropriate safety equipment like harnesses and ropes
- An equipment manufacturer failing to meet certain manufacturing standards
- An employer failing to offer functioning work supplies or materials
- Another party’s failure to adhere to safety regulations, such as those imposed by the Occupational Safety and Health Administration (OSHA)
File Your Insurance Claim With the Liable Party
Negotiations can be complicated. The liable party may contest your case’s validity. They may also offer less than you’re owed or refuse to settle altogether. However, your lawyer will push them to settle by employing a range of legal tactics. Still, if the insurance company refuses to settle, we can file a lawsuit and go from there.
Move Forward With a Lawsuit
If the insurance company refuses to settle, we can file a lawsuit and pursue what you need via litigation. Filing a lawsuit is different than what you may have seen on TV. We need to support your case with evidence, witnesses’ testimony, and other information. We must also:
- Exchange information with the other party’s legal team
- Establish negligence
- Follow courtroom protocol
- Cross-examine witnesses
- Take depositions
As noted, we must also file your case within Texas’s statute of limitations. Negotiating with insurance companies, investigating your case, and proving negligence do not extend this filing period. If you wait too long to initiate legal action, this could prevent you from seeking damages.
What Can I Do to Support My Texas Work Injury Case?
You may wonder how you can support your injury case. We recommend that you:
Seek Medical Care
First and foremost, you should make sure you’re getting the medical attention you need. For example, if you suffered spinal cord trauma, you should consult with an orthopedic doctor.
Getting medical attention is important for your health. It’s also important for your claim because the insurance company needs to know you’re preventing your injuries from worsening. Also, getting help from a healthcare provider can connect your condition to the workplace accident.
If you do not have insurance or cannot afford to seek medical care, the work injury attorneys at Domingo Garcia can refer you to a doctor or clinic that will not require payment until your case settles and you receive a money recovery.
Limit Communications With the Liable Insurance Company
The liable party’s insurance company may contact you immediately after the accident. A claims adjuster may ask you for a recorded statement, which they can use to dispute your case. They may even offer you a settlement immediately, hoping that you’ll accept.
If you accept any amount of compensation from the insurance company, this frees it from liability. That means you would not be able to pursue financial recovery later on. By allowing your lawyer to manage all communications with the insurance company, you can rest assured they’ll fight for the best possible outcome.
Refrain from Sharing the Accident’s Details With Others
Only you and your lawyer need to know about your case’s details. Anything you share publicly or online could discredit your right to damages. This would make it difficult (if not impossible) to recover compensation.
During your case’s progression, avoid:
- Sharing videos or photos of yourself online
- Making comments about your job or the liable insurance company
- Giving the insurance company a recorded statement
- Attempting to manage case-related communications on your own
We’re not kidding when we say we’ll manage each aspect of your case. We want you to focus on recovering from your condition. In the meantime, we’ll pursue what you need and build the strongest possible claim.
What Previous Clients Have to Say About Domingo Garcia’s Legal Team
When asked about their experience working with our Texas injury lawyers, some have disclosed:
- “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. They’d 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.
- “I am so thankful to this firm and everyone in it. Attorney Miguel & his assistant Cristal did an amazing job with my case. I highly recommend the firm when needed help.” – A.L.
- “Amberly is an angel, very professional and goes straight to the point. She was a great help to us. I definitely recommend working with her and Law of office Domingo Garcia.” – R.R.
Our Texas Work Injury Firm’s Track Record
Our firm has an excellent track reco much of our success to our lead attorney, Domingo Garcia. He earned a spot in the Texas Top 50 Settlements for 2019. Over the years, he and his legal team have secured:
- $5 million for a victim of a scaffolding collapse
- $3.83 million for the family of a victim who lost their life due to a concrete pump incident
- $3.7 million for a worker injured because of faulty guardrails
- $2.8 million for a victim of a forklift accident
- $2.75 million for a roadside worker who lost their life after being struck by a commercial vehicle
We’re confident in our abilities to recover compensation for your losses. You can learn more about our commitment when you connect with our team.
We Manage These Workplace Accident Cases in Texas
Workplace injuries arise from many incidents, including:
Construction Accidents
Construction is one of the most hazardous work fields. In fact, falls from heights are the most common fatal workplace accidents in the U.S., according to OSHA. We advocate for people who have suffered these impairments while working on construction sites:
- Falls from height which have been and continue to be the number one cause of death on a work site
- Lacerations, including ones that can lead to limb amputation
- Burns, including third-degree burns
- Broken or even crushed bones
- Head and brain injuries
- Spinal cord trauma
We can also pursue damages if you were exposed to a toxic substance (such as asbestos) while on a worksite.
Auto Accidents
Many jobs require workers to drive vehicles, either their own or a company car. Workplace accidents involving collisions are unique. Liability could rest with an employer, property owner, or negligent driver. We will review your situation and pursue what you’re owed. We will also keep you updated on every aspect of your case’s progression.
Forklift Accidents
Forklifts are used on construction sites, warehouses, retail stores, and other locations. When forklifts aren’t operated properly, they can cause:
- Crushed bones due to a forklift rollover
- Whiplash
- Impalement
No matter what type of forklift-related injury you suffered, we’re ready to advocate for you.
Injuries Due to Faulty Equipment and Machinery
In many fields of work, workers must operate heavy, dangerous equipment or machinery. If they aren’t operated safely, workers can suffer crushed bones, burns, and many other injuries. Here, liability can rest with a maintenance team or product manufacturer.
Accidents on Oilfields
Texas employs thousands of oilfield workers across the state. Each day, these employees are at risk of inhalation-related injuries, burns, and other impairments. We’re ready to champion your rights if you’re pursuing damages as an oilfield worker.
Questions and Answers About Work Injuries in Texas
You can get the answers to your questions during a free case review. During this initial meeting, you can learn about your legal options, case’s strength, and other relevant details. However, below, we’ve listed some commonly asked questions we get from injured people.
Some of those questions include:
What Happens if I Contributed to the Accident?
Being partially at fault for an accident does not disqualify you from seeking damages. You have rights under Texas Civil Practice and Remedies Code § 33.001. This law notes that, as long as you didn’t cause most of the accident, you can seek damages.
Our lawyers will protect you from unjust allegations of fault and fight for what you need. Even if the other party blames you entirely for the accident, don’t let this discourage you from seeking legal help.
How Much Can I Recover for My Losses?
The value of your injury case depends on your situation, including:
- The injuries you suffered
- Your condition’s severity
- Your estimated recovery period (if you can recover fully)
- The cost of your medical care and other related expenses
- Your lost income and current future earning power
Our team will fight for every penny you need to account for your damages. When your case ends, it should leave you with no out-of-pocket expenses.
Why Should I Partner With Domingo Garcia?
For over 30 years now, the lawyers at our Texas firm have assisted injured workers. Our legal team also assists families who have lost loved ones. Today, we’d like to put our many years of experience to work for you.
Your work injury attorney in Texas will explore your legal options. Filing a third-party claim or lawsuit can yield damages. Regardless, you can expect your attorney to help you make sound decisions and resolve your case.
How Long does It Take to Recover Damages?
In our 30-plus years of experience, we’ve learned one thing: every case progresses differently. Sometimes, we file a claim and immediately get a fair offer. Here, these cases take a few days or weeks to complete. Other cases are more complicated. They require us to consult with experts, gather compelling evidence, and negotiate with the other party. Those cases can take longer to resolve.
The key to getting a fair settlement is patience. It’s tempting to accept the first offer that comes your way. Yet, our team of lawyers believes you shouldn’t have to pay for anything out of pocket. The other party should. So, let us manage your case’s progression and outcome.
Contact Domingo Garcia to Explore Working With Our Accident Team
Don’t hesitate to contact our firm. We can help you meet the deadline for a lawsuit or meet the requirements of a third-party claim. During a free case review, we’ll advise you about your options. From there, your lawyer will do everything they can to resolve your (or your loved one’s) case.
Contact Domingo Garcia today to get started. We’re eager to listen to your story.