Construction sites, which are often filled with machinery and bustling with activity, can be prime hotspots for accidents. When injuries occur, they can be catastrophic, leaving you unsure what to do next. Construction injury lawyers can help you understand how to protect your rights.
10 Ways Construction Injury Lawyers Can Help You
By Establishing Liability
The first key step after a construction injury is determining who is liable. Multiple parties, including subcontractors, equipment manufacturers, or even property owners, could be at fault. A lawyer will meticulously assess your case, considering Texas construction laws and regulations, to identify the party or parties responsible for your injuries.
Through Familiarity With Texas Construction Law
Every state has its unique laws and regulations surrounding construction injuries, and Texas is no exception. A lawyer familiar with Texas construction law can guide you through everything that might apply to your specific situation. Whether it’s deciphering the state’s Workers’ Compensation Act or understanding relevant safety statutes, a lawyer keeps you from being caught off-guard by legal complexities.
Gathering Essential Evidence
From photographs of the accident scene to equipment malfunction reports and witness statements, each piece of evidence strengthens your case. Lawyers have the expertise to gather and present this evidence effectively, ensuring your claim’s foundation is strong, and you have the best chance for a favorable outcome.
Calculating Fair Compensation
Quantifying the damages sustained in a construction accident isn’t always straightforward. It’s not just about immediate medical bills. Considerations include future medical expenses, lost wages, potential loss of future earnings, and even non-economic damages such as pain and suffering. Find out more here about how a skilled Texas construction accident lawyer can help you prepare your case.
Negotiating with Insurance Companies
Dealing with insurance companies can be challenging. They often employ tactics to minimize payouts. With a lawyer by your side, you can level the playing field. Lawyers are experienced in negotiating with insurance adjusters, ensuring that you receive a settlement that truly reflects the damages you’ve sustained.
Addressing Retaliation Concerns
There’s sometimes a fear among construction workers – and not an unreasonable fear, either – that reporting an injury or seeking compensation could lead to retaliation from employers or contractors. Retaliation can manifest through unfair dismissal, assignment of unfavorable shifts, or other workplace pressures.
With a lawyer’s assistance, you can be assured that your rights are protected. They will advise you on the best steps to take and can intervene if there are any indications of unlawful retaliation.
Ensuring Timely Action
Legal claims have time limits, or statutes of limitations. These are a specific timeframe within which you must file a claim after a construction accident. Missing this window could mean forfeiting your right to compensation. The insurance companies know this and sometimes deliberately drag their feet, hoping to run out the clock.
A lawyer knows all the deadlines that apply to your case, and all the tactics of the insurance companies, and will be vigilant about these deadlines, ensuring that all necessary actions, from filing to presenting evidence, are done in a timely and efficient way.
Filing a Lawsuit, If Necessary
While many construction injury cases settle outside of court, sometimes a lawsuit is unavoidable. Should negotiations stall, or if the insurance company’s offer is insufficient, a lawyer will be prepared to escalate the case to court. They’ll handle the intricacies of filing the lawsuit, representing you in court, and presenting your case in the best possible light.
Offering Emotional and Strategic Support
While the primary role of a lawyer is legal representation, they also provide much-needed emotional and strategic support during difficult cases. The aftermath of a construction accident can be emotionally, physically, and mentally taxing. Having someone in your corner who understands the law and genuinely advocates for your well-being provides invaluable peace of mind. A good lawyer will also have a network of counselors or other mental health professionals they can recommend.
Mitigating Comparative Fault
In some situations, both the injured party and another entity might share responsibility for the accident. Texas operates under a modified comparative fault rule, which means if you’re partially at fault for your injuries, your compensation is typically reduced by the percentage of fault you bear.
If you’re found to be 15% at fault, for instance, and your compensation is $45,000, you would lose out on $6,750 of it. A lawyer can help in accurately determining your percentage of fault, protecting you from attempts to lay more blame on you than you deserve, and ensure that your fault doesn’t unjustly diminish your rightful compensation.
If you’ve been injured in a construction accident in Texas, seeking legal assistance is a prudent step towards ensuring your rights are protected. In the face of injury, you don’t have to face all the legal challenges alone: your lawyer will be your strongest ally.