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  • Writer's pictureRobert Schuerger

Construction Accident Statute of Limitations in Texas | Liability

When pursuing legal action for injuries arising from a construction accident in Texas, it's essential to understand that the procedure and time frames may differ depending on the facts surrounding the case. 


The insurance company may have set their own deadlines, while the state has specific rules that victims must follow. This can lead to a lot of confusion, adversely affecting one's opportunity to seek damages.


Schuerger Shunnarah Trial Attorneys have decades of combined experience navigating thousands of personal injury cases and successfully recovering more than $1 billion for their clients. We know the complexities surrounding accident claims and can help injured victims avoid the pitfalls, increasing their chances of making a financial recovery.


Those injured on construction sites in Houston, Texas, should reach out to Schuerger Shunnarah Trial Attorneys to discuss their personal injury case and learn more about their legal options. They also have more insight on the motorcycle accident statute of limitations in Texas.


Understanding the Construction Accident Statute of Limitations in Texas

Understanding the Construction Accident Statute of Limitations in Texas


The statute of limitations is a law that sets the maximum time an injured victim has following an accident to pursue a personal injury claim or lawsuit against the negligent party. It can vary depending on the facts surrounding the case.


Statute of Limitations for Workers' Compensation Claim

When it comes to construction accidents, it's crucial for the injured victim to identify the liable party to help them determine the next legal step.


Employers in Texas must have valid workers' compensation insurance, which covers medical expenses and lost wages (up to a certain extent) of the employees injured at the workplace. In exchange for the benefits, the victim forgoes their right to bring a lawsuit against their company.


The statute of limitations for workers' compensation benefits depends on the deadline set by the liable insurance company. In most cases, the insurer requires the injured employee to report the incident immediately or as soon as possible.


Before initiating a complaint, the affected party must seek treatment from one of the hospitals on the employer's panel. After receiving medical care, the injured victim typically has 30 days to file a construction accident claim with their employer's insurance company.


When pursuing workers' compensation, working with an experienced personal injury attorney is important. They can handle all of the paperwork and guide the claimant through the legal process. They can also help with the mesothelioma statute of limitations in Texas.


Statute of Limitations for Personal Injury Lawsuits

A workers' compensation is a type of insurance that provides employees with monetary benefits for any injuries they suffer at the workplace. It also protects the employer from lawsuits when the injured worker accepts a fair settlement for the damages they've incurred.


However, in construction accident cases involving gross employer negligence, injured employees may be able to pursue a personal injury lawsuit against the company. The statute of limitations for such incidents is two years from the date of the traumatic event.


Should a company fail to have valid workers' compensation insurance, an injured employee may be able to bring a civil action and hold them liable for the damages caused.


Statute of Limitations for Third-party Personal Injury Claims

When a construction accident caused by a third-party company or contractor leads to injuries or wrongful death, the injured victim or the grieving family members may be able to seek damages by pursuing a personal injury case.


The Texas statute of limitations for third-party personal injury claims is two years from the date of the incident. An affected party can bring a civil action to hold negligent contractors and their insurance companies responsible.


However, handling the insurer and negotiating a fair settlement without legal help can be challenging.


What Are the Exceptions to the Texas Construction Accident Statute of Limitations?


While the statute of limitations for a construction accident claim can vary depending on the facts surrounding the case, there are certain exceptions that extend the deadline for the injured victims. These include the following:


Minors

The court understands that children under 18 are unable to make "sound" decisions on their own, which is why minors have more time than others when pursuing a construction accident case in Texas. Under the law, the clock does not start ticking until they become of legal age.


Mentally Incapacitated

An injured victim suffering from a mental disability prior to their construction accident has more time to file a claim or lawsuit. The statute of limitations clock begins when they have recovered from their illness and can make "sound" decisions.


A construction site accident can cause serious injuries to the worker, resulting in a coma or physical impairment. Their condition can prevent them from bringing civil action. In such situations, the clock starts ticking when they've made a full medical recovery.


The Importance of Starting the Legal Process Immediately


While the statute of limitations provides injured victims up to two years to pursue a workers' compensation claim or lawsuit, the affected parties must start the legal process immediately. 


Memories of witnesses may start to fade, and evidence can be erased from the construction accident site, adversely impacting the claimant's chances of a fair settlement.


It's also important for the injured victim to understand that a reputable law firm may already have a heavy workload. The personal injury lawyer may not take a case if it's nearing the statute of limitations deadline, as they need time to prepare and build a strong claim or lawsuit. For more information, a Houston construction injury law firm may be able to help.


How Can a Personal Injury Attorney Help an Injured Victim After Their Construction Accident?

How Can a Personal Injury Attorney Help an Injured Victim After Their Construction Accident?


The skilled construction accident lawyers at Schuerger Shunnarah Trial Attorneys can help injured victims in many ways, including the following:


  • Investigate the accident to determine the liable parties

  • Build a strong personal injury or workers compensation claim and file it within the deadline

  • Adhere to the legal process

  • Handle the insurance company and negotiate a fair settlement

  • Take matters to court if there are any disagreements between the parties


File a Construction Accident Claim with Schuerger Shunnarah Trial Attorneys


Those who have suffered a construction accident due to another's negligence in Houston, Texas, should call to schedule a free consultation with Schuerger Shunnarah Trial Attorneys. We can assess the facts surrounding their case, determine fault, and guide the victim on the appropriate legal steps to seek compensation!

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