Brownsville is emerging from a pandemic that saw the economy in the downtown area at its lowest point to the promise of millions of dollars in improvements and area growth thanks to SpaceX’s nearby rocket production facility. Unfortunately, an increase in construction accidents is likely to accompany the increased construction in the area.
If an accident on a construction site injured you, and the careless or reckless actions of someone other than your employer or your co-worker caused it, our Brownsville construction accident lawyers can explain how to seek compensation for your injuries.
The legal team at Kenny Perez Law can speak with injured individuals any time of the day or night. Because we understand that fear over the expense of hiring an attorney often causes accident victims to miss out on thousands of dollars of compensation that they might receive, we are pleased to offer you a free case evaluation. This is time that you can spend with an attorney, obtaining answers to your legal questions and learning more about our firm and how we can help you with your case.
If an accident on a construction site injured you and a third party that was not your employer or co-worker caused it, contact us today to see what we can do for you.
When a Construction Accident Is Not a Workers’ Compensation Claim
According to the U.S. Department of Labor and Statistics, construction is the second-most deadly industry in Texas, behind only the transportation industry in the number of fatal workplace injuries each year. More than 130 construction workers die in the state each year from injuries incurred on the job site.
Thousands more incur injuries in accidents that include:
- Slip and falls
- Falls from height
- Exposure to asbestos or toxic fumes
- Improperly designed stairs or broken or missing hand railings
- Collapsing structures or falling ceilings
- Improper wiring and other electrical hazards
- Being struck by or caught between objects
- Transportation accidents either on the job site or en route to the job site
- Defective or malfunctioning equipment
Many people believe that the only way to obtain compensation for the expenses of a construction accident injury is through a worker’s compensation claim. While worker’s compensation is the appropriate resource for compensation for many work-related injuries, other construction accidents involve something known as third-party liability. This means that someone other than the worker’s employer or co-worker caused the accident, and the accident victim has the right to seek compensation through a personal injury lawsuit. That is where we can come in. Contact Kenny Perez Law today for more information.
The Types of Accidents That Result in a Third-Party Liability Claim
Construction accidents that involve third-party liability may include:
- If an individual works for a subcontractor and the general contractor creates a safety hazard at the job site that results in his or her injury, the general contractor may bear liability for the expenses and impacts of the injury.
- If you slipped and fell at the job site due to water or other substances left on the floor by the janitorial company, the janitorial company may bear third-party liability for your injuries.
- If a car struck you while you were working in a work zone, you can hold the third-party driver liable for your injuries.
- If defective equipment injured you, the manufacturer or distributor of the defective product may bear liability for your injury.
To prove that a third party is liable for the expenses and quality-of-life impacts you incurred because of your injury, you must show:
- The at-fault party owed you a duty of care.
- There was a breach in the duty of care.
- The breach resulted in the accident, which caused you to incur expenses and impacts from your injuries.
Injuries Caused by Construction Accidents
Individuals in the construction industry face extraordinary risks, often working from heights, with dangerous chemicals or electricity, and with large equipment. Some construction workers work on the road, which exposes them to traffic hazards, including impaired, distracted, or speeding drivers.
Some common construction accident injuries include:
- A traumatic brain injury because of a fall from heights, a transportation accident, or being struck by an object. A traumatic brain injury damages the brain with a blow or jolt to the head or body. Because the brain has only a limited ability to heal, the injury can result in permanent deficits. The deficits caused by the injury depend on the injured area of the brain and the severity of the injury. Common deficits incurred by a traumatic brain injury include loss of memory, inability to control one’s behavior or impulses, inability to move in a balanced and coordinated manner, and difficulty speaking or understanding spoken communication.
- Spinal cord injuries from falls or transportation accidents, which are the most common cause of this type of accident. Like the brain, the spinal cord does not heal very well from injury. Damage to the spinal cord often results in paralysis, which is loss of function and sensation below the injury site. Injuries high up on the spinal cord, such as those occurring in the neck, will generally result in paralysis over much of the body, a condition known as quadriplegia or tetraplegia.
- Severed limbs, caused by being caught between two objects or by malfunctioning equipment.
- Illness or internal injury resulting from exposure to toxic fumes or chemicals.
- Burns from an explosion, fire, or electrical mishap at the job site.
- Broken bones due to falling, being struck by an object, or transportation accidents.
- Eye injuries from airborne irritants, contact with toxic chemicals, electrical flashes, or being struck by an object.
If a construction accident caused by a third party’s carelessness or recklessness injured you, read on for answers to the questions our Brownsville clients most frequently ask us about obtaining compensation after a third-party construction accident.
Frequently Asked Questions About Brownsville Construction Accidents
Being injured in an accident is often an emotionally charged and confusing time. Here are answers to some of the questions the Brownsville construction accident lawyers from Kenny Perez Law hear about construction accidents involving third-party liability. Contact us today to discuss your legal options.
What can I receive compensation for through a Brownsville construction accident lawsuit?
Texas allows the recovery of both economic and non-economic damages, provided victims file their claim in court within two years of the date on which the accident occurred. In the legal arena, the term “recovering damages” refers to the act of obtaining compensation for the expenses (economic damages) and impacts (non-economic damages) of your injury.
Some of the expenses and impacts that commonly appear in construction accident damage claims are:
- Medical expenses, including the costs associated with transport to the hospital, treatment, prescription medication, physical therapy and rehabilitation, and the provision of assistive devices such as prosthetic limbs, crutches, or a wheelchair.
- Lost wages if your accident causes you to miss work due to your injury or attend an injury-related medical appointment.
- Loss of future earning capacity if your injury results in a permanent deficit, and you can’t earn what you did before the accident.
- Property damage that you incurred in an accident.
- Physical pain and suffering.
- Emotional distress.
Why can’t I file a personal injury lawsuit if my employer’s actions caused the injury?
In Texas, if your employer provides worker’s compensation insurance—which is a state-regulated, no-fault policy that an employer purchases on behalf of employees—you are limited in the type of benefits you can receive. Worker’s compensation provides wage loss and medical treatment for injured workers and a death benefit for family members of an injured worker. In exchange for these benefits, the employee cannot seek damages through a personal injury claim. However, because Texas does not require employers to purchase worker’s compensation insurance, if your employer does not provide this coverage, you may seek compensation through the personal injury process.
Is there compensation available if my spouse died in a construction accident with third-party liability?
Family members of an individual who died in a construction action caused by the carelessness or recklessness of another party can seek to recover damages through a wrongful death lawsuit. The spouse, children, or parents of the deceased may file this claim. Beneficiaries can file singly or as a group, and generally must file their claim in court within two years of the date of the decedent’s death.
The damages plaintiffs can recover include:
- Lost earning capacity.
- Loss of care, maintenance, services, support, and counsel that was provided by the deceased to his or her loved ones.
- Mental and emotional anguish, pain, and suffering.
- Lost love, companionship, comfort, and society.
- Lost inheritance.
When family members file a claim as a group, the survivors will divide the settlement or award in proportion to the injury they suffered because of the loss.
What is the average Brownsville construction accident settlement worth?
Personal injury settlements are the total of a unique set of expenses and impacts experienced by an individual, and the insurance company’s willingness to offer a fair settlement for the claim. Because of this, there is no “average” settlement.
Several factors could affect the value of your construction accident case, including:
- How much insurance the liable party has. Insurance pays most personal injury claims.
- The severity of the injury.
- The clarity of liability.
- The patience of the claimant while his or her attorney negotiates with the insurance company. The best settlement offers often come just before the case goes to trial or even after the trial has begun but before the court reaches a judgment.
Why do I need a lawyer to file a construction accident lawsuit?
Many people feel tempted to try and file a third-party liability construction accident claim on their own. This is often a mistake, as these complex cases require extensive knowledge of the legal process to determine liability.
A lawyer can leverage his or her training and experience in the law to obtain the maximum amount of compensation available in your case through:
- A free case evaluation, which is time for you to meet with a personal injury attorney and obtain answers to your questions about Brownsville construction accident cases.
- A determination of all sources of liability and all insurance resources that can be used to provide your compensation.
- A value to your case that is based on the expenses and impacts you have already incurred from your injury as well as those you will likely incur in the future.
- Negotiations aimed at garnering a fair settlement offer.
- Timely filing of all court-required paperwork and representation of your case at all pre-trial conferences and hearings.
- Collection and organization of the evidence and witness testimony that can be used to prove your case at trial.
- Assistance collecting your settlement or award.
Call Our Brownsville Construction Accident Attorneys Today
We don’t need to tell you that construction workers face on-the-job hazards every day. We can tell you that if a construction accident that involved liability by a third party injured you, the personal injury claims process can provide you an avenue to seek the compensation you deserve for the expenses and impacts of your injury. For a free case evaluation with a Brownsville construction accident lawyer from Kenny Perez Law, contact us online or call (956) 544-9292.