Filing a Third-Party Construction Accident Claim in Nederland TX - Carabin Shaw Attorneys

With 141 fatal work accidents in 2022, construction is considered one of the most dangerous industries in Texas. Nationally, construction workers also make up 6% of all work injuries, with some severe enough to keep them out of work without a paycheck. The coastal community of Nederland has many residents working in construction, heading to work daily knowing they are at risk for a potentially deadly accident.

Construction injuries can have a profound and costly impact, as the Nederland work injury attorneys at Carabin Shaw have seen. We help accident victims maximize compensation for their injuries by filing third-party lawsuits against responsible parties when appropriate. If you are injured in a construction accident, our English- and Spanish-speaking professionals are available 24/7 to provide a free case review. Contact us now toll-free at 800-862-1260.

A third party is someone other than your employer who contributed to your work accident. For example, a device manufacturer that made a faulty piece of equipment may be liable for injuries if the defect led to your accident. Other possible third parties might include:

• Property owners who don’t maintain a safe work site
• Subcontractors who create hazards for other workers
• Architects and engineers who don’t plan the project correctly
• Safety inspectors who miss dangers when they assess the site
• Material suppliers who bring faulty materials to the site
• Motorists who drive recklessly through a construction zone

You can file a legal claim against responsible third parties to pursue additional damages for your injuries and losses. The lawsuit is usually filed in addition to a workers’ compensation claim, assuming your employer carries insurance. By filing both, you may collect more damages than you would receive from workers’ compensation benefits alone.

While workers’ compensation is limited to a portion of lost wages and necessary medical bills, a third-party Nederland TX construction accident claim can seek damages, such as:

• Pain and suffering
• Scarring and disfigurement
• Reduced quality of life
• Mental anguish
• Loss of consortium
• Loss of independence

You may also receive additional compensation for medical bills or lost wages not covered by workers’ compensation. An experienced attorney will determine an amount based on the severity of your injuries and other factors.

Although workers’ compensation usually pays benefits regardless of fault, a third-party lawsuit requires proof that the responsible party’s negligence led to your injuries. The four elements of negligence include:

• The responsible party owed you a duty of care
• The party breached that duty
• The breach led to your injuries
• Your injuries led to monetary damages

Proving negligence involves a thorough accident investigation, which might include:

• Witness statements
• Accident scene photos
• Safety inspection records
• Incident reports
• Expert testimony

You need an experienced lawyer to collect and present the necessary evidence to the responsible party during settlement negotiations. Your legal team will also take your case to court if a settlement isn't reached. You must keep documentation of your medical diagnosis and treatment and other paperwork that itemizes your expenses due to the accident.

Third-party lawsuits also have a statute of limitations, the deadline by which you must file your case. In Texas, personal injury lawsuits, including third-party construction accident cases, must be filed within two years of the accident. Enlisting the assistance of a law firm immediately following your incident ensures you preserve your right to file a lawsuit.

Third-party lawsuits can help maximize your compensation, but they can also be complex since the burden of proof rests on the accident victim. It can be challenging to navigate these cases without expert legal help. Our team of lawyers at Carabin Shaw offers our services on a contingency fee basis, so you don’t pay anything until you receive your settlement. As our client reviews attest, we work with accident victims to maximize damages for them.

You may be hurt and unsure where to turn next, but help is just a phone call away. Contact the professionals at Carabin Shaw now at 800-862-1260 and let us handle your case while you focus on your recovery.

For more information:

• TDI Texas
• OSHA Online Center
• TDI Texas
• Cornell Law