Construction sites can be very hazardous places where a wide range of things can happen that cause injury to workers, such as motor vehicle accidents, falling objects, and equipment malfunctions. As such, construction accident claims are quite common in Texas.
With the right personal injury attorney and solid evidence backing the claim, an injured person can walk away with a huge settlement to cover their medical bills and other financial loses. However, this is only possible if all the rules regarding filing a construction accident claim within the specified statute of limitations are followed.
Even though the Texas statute of limitations gives enough time for a reasonable person to file a written claim with the courts, many people miss the deadline because of a lack of proper legal representation.
Schuerger Shunnarah Trial Attorneys is here to put an end to that. Victims can call +1 713-999-4150 and schedule a free consultation as soon as possible. They can also help explain who's liable for construction injuries in Texas.
Why File a Construction Accident Claim?
A construction accident can result in substantial personal injuries to the victim. In many cases, the injuries may be so severe that they require extensive medical treatments and a long time off work. The combination of piling medical bills and no steady paycheck can be crushing for many families who are left financially stranded.
As such, when serious injuries or death occurs due to a construction accident, the victims need to take steps towards financial recovery by filing a lawsuit against the liable parties. This is usually the only way to get compensation from whoever the at fault parties are, and a good personal injury attorney can help with the legal process.
What Is a Statute of Limitations in Personal Injury Claims?
In the aftermath of a construction accident, the victims are given a chance to seek compensation from those responsible for causing their injuries. The statute of limitations in personal injury claims is the period that is given by law for victims to file their claims with the courts.
The statute of limitations for personal injury cases in Texas is usually two years from the date on which the construction accident occurred or the date when the injury was first diagnosed.
However, when it comes to construction accident claims, victims need to also consider the deadline set by the at-fault insurance company for reporting the incident. Usually, insurance companies want accidents to be reported within a few days after the date the injury occurred. Schuerger Shunnarah Trial Attorneys have more information on construction injuries you can sue for in Texas.
Each state has its own statute of limitations for personal injury claims, and it is important for victims to find out how much time they have to launch their lawsuits. In many cases, victims make the mistake of waiting until they are fully recovered from their injuries before they pursue compensation.
The problem with this is that they fail to realize the amount of work that needs to be done before a lawsuit is filed. Only lawyers who know about the discovery rule, rules for minors, and exceptions to the statute of limitations regarding suing a government entity will realize the importance of filing sooner rather than later.
In that regard, victims should know that if they are severely injured in a construction accident, they can file a personal injury claim even before they have full recovered. Compensation can be awarded to victims after substantial completion of their recovery or as soon as they reach a state of maximum medical improvement.
Importance of the Statute of Limitations for Texas Construction Accident Lawsuits?
Many people wonder why victims are forced to file personal injury cases within two years when they are not the ones to blame for the injuries. Well, the statute of limitations is there to make sure the legal process is handled in the fairest way possible for both parties.
Having a statute of limitations in place has the following advantages:
Protecting defendants
Preserving evidence
Bringing closure and finality to the case
Maintaining judicial efficiency
Balancing the interests of both parties
The Statute of Limitations Period for Wrongful Death Claims
Wrongful death claims can be very emotional for the surviving family members, but nevertheless, there is still a statute of limitations that needs to be followed. In most cases, family members have two years from the date the victim passed away to file a wrongful death lawsuit.
If the injured party passes away before their personal injury case is finalized, the construction accident lawyer can help the family to turn that lawsuit into a wrongful death claim.
Exceptions to the Statute of Limitations
There are some situations where the victim can be given a longer effective period in which to file their personal injury claim, such as:
Victim has a legal disability at the time of the accident
A physical condition, such as a coma made filing impossible
Victim was a minor at the time of the accident
Consequences of Missing the Statute of Limitations Deadline
Missing the statute of limitations has the following consequences:
When victims wait for more than two years, they may no longer be eligible to seek compensation from the at-fault parties.
If the family waits until the deadline expires, they will no longer be able to sue for damages over the loss of their loved one through a wrongful death claim.
Who Is Liable In Construction Accident Personal Injury Claim?
Besides sticking to the applicable statute of limitations, it is important to identify the liable party in a construction accident claim. The following are some of the possibilities:
Real or Personal Property Owner
Whoever owns the property on which the accident occurred may be held liable for the damages to the victim.
Construction Company
The construction company is responsible for maintaining safety protocols on the construction site and will be held liable for any accidents that occur there.
Third Parties
Other parties may also be held responsible for the accident, including:
The manufacturers responsible for the defective or unsafe condition of construction equipment
General contractors working on the site
Other employees
The responsible government entity
Schuerger Shunnarah Trial Attorneys Will Fight for Fair Settlement
Making sure that the filing deadline is not missed is one of the many things a good personal injury attorney can do for construction accident victims seeking compensation for medical expenses, lost income, and other financial loses.
Even though Texas claimants have up to two years to file their personal injury case, many still miss their deadlines. Victims can call Schuerger Shunnarah Trial Attorneys to kickstart their personal injury case today.