Proving Negligence in a Lockhart TX Construction Accident Case - What Evidence Do You Need?

In a civil lawsuit, a lawyer must prove that a defendant was negligent so the court can award damages to the plaintiff. An injured worker may seek injury compensation through workers’ compensation insurance or a civil lawsuit in a construction accident. Quality evidence is essential to winning your case when a Lockhart, Texas, construction accident leads to formal litigation.

Working with the Lockhart work injury lawyers at Carabin Shaw allows injured construction workers to focus on their physical recovery while we manage their fight for compensation. We have English—and Spanish-speaking staff available 24/7 to speak with you, and we offer our services on a contingency fee basis. Our trustworthy and transparent legal services give our clients the confidence they need to successfully move past a work accident.

Employers in Texas are not required to subscribe to workers’ compensation insurance, but when they do, they’re protected from lawsuits from a construction site accident in Lockhart TX. Injured construction workers or family members can collect medical, income, and death benefits regardless of fault (with some exceptions). However, the victims cannot sue the company for pain and suffering or gross negligence unless this negligence causes the death of the worker.

Third parties and non-subscribing employers are susceptible to civil lawsuits following a work injury, provided a lawyer can prove negligence. An injured employee can file a workers’ compensation claim and a third-party liability claim simultaneously. Still, part of the damages awarded in a lawsuit must be used to pay back the workers’ compensation benefits already dispensed. Plaintiffs do not receive duplicate injury compensation.

The definition of negligence is a harmful action caused by an actor’s breach of duty of care. A third party, or someone who is not the employer or a co-worker, can be liable for a negligent accident on a work site. Examples of third-party construction site accidents include:

• Electrocution caused by a subcontractor who left live wire exposed
• Slip or fall injury caused by a rental company’s poor scaffolding assembly
• Fall caused by the property owner not warning the worker of a known unstable staircase
• Caught in between accident caused by the manufacturing company’s defective brakes
• Toxic exposure to chemicals caused by manufacturers or distributors

A work accident lawyer in Lockhart, Texas, will search for evidence that fits the components of negligence to prove liability. This evidence includes paperwork establishing the working relationship between the company and the third party. It will also include photos of the accident site, injuries, and other proof that the defendant caused the plaintiff’s injuries.

Companies and other at-fault third parties may be reluctant to provide evidence that suggests guilt to an attorney. However, the Texas Rules of Civil Procedure set forth discovery rules to compel parties to comply with relevant information requests. Rule 192 indicates that forms of discovery are:

• Requests for disclosures
• Requests to see and inspect documents and tangible evidence
• Requests to interrogate involved parties
• Required disclosures

County clerks or officers of the court may also subpoena witnesses to compel testimony. Your Lockhart TX construction accident lawyer has many options for evidence collection that aren’t necessarily available to non-legal professionals. At Carabin Shaw, we will use every resource available to prove third-party negligence and win your case. Read our client reviews to see how our legal team uses decades of experience and legal skills to help accident victims.

Proving negligence on Texas work sites can be difficult, as some construction projects involve several parties a court could hold liable. In some cases, there are multiple at-fault parties, so it is essential to have a top lawyer representing you and your best interests.

Call the lawyers at Carabin Shaw toll-free at 800-862-1260 for a free consultation. Learn about your legal options after a construction site injury so you can maximize your compensation and get the justice you deserve after another party causes you harm while you are at work.

For more information:

• TDI
• Texas Statutes 417
• TX Courts