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San Antonio Construction Accident Attorney

Construction is a dangerous job that can be made even deadlier due to human error, such as an employer neglecting to provide the correct safety equipment to construction workers. If you or a loved one suffered a serious injury in a construction site accident in San Antonio or the surrounding area, contact Hill Law Firm to request a free consultation. We can help you get through the claims process and pursue maximum financial compensation for your related medical bills and other losses. We are here for you and your family during this difficult time.

San Antonio Construction Accident Resources

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Why Choose the Hill Law Firm?
Why You Need an Attorney
How Common Are Construction Accidents?
Types of Construction Accidents We Handle
Common Construction Site Injuries
How Our Attorneys Can Help
Who Can Be Held Liable for Your Construction Injury?
Compensation in a Construction Accident Case
Time Limits for Filing a Construction Accident Claim
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Why Choose Hill Law Firm?

  • Our lawyers are ready to fight for you. We always put our clients first and search for ways to make their lives easier.
  • We are trial-tested attorneys with a long track record of success in and out of the courtroom. We are not afraid of taking on challenging cases and powerful defendants.
  • You will not pay your construction accident attorney anything upfront. We operate on a contingency fee basis, meaning you’ll only pay us if we win your case.

Why You Need a San Antonio Construction Accident Attorney

Suffering an injury at a construction site as a worker or passerby can be overwhelming. You may not be sure how to answer phone calls from insurance claims adjusters or bill collectors, as well as what to do about mounting medical bills and lost wages. Contacting a construction accident attorney can lend you some peace of mind. Your attorney will understand Texas’ construction site regulations and laws, as well as how to help you get the money that you need to move forward.

An attorney will understand the risks commonly associated with construction sites, what an employer should do to mitigate these risks, and the rights that a construction worker or bystander has after suffering a serious injury at a construction site. An attorney can hire qualified experts, carefully investigate your accident for signs of fault, collect evidence of negligence, and negotiate for maximum financial compensation on your behalf. Your lawyer will do what it takes to successfully handle the complicated legal process for you.

How Common Are Construction Accidents?

How Common Are Construction Accidents?

Worker injuries and deaths happen relatively often in the construction industry. According to the Occupational Safety and Health Administration, construction is consistently the deadliest industry in the U.S. In 2019, about 20 percent of all worker deaths occurred in the construction industry. Construction took 1,061 worker lives in 2019 alone. The Bureau of Labor Statistics reported 123 deaths in construction in Texas in 2019.

From working from heights and scaffolds to operating heavy machinery, many things that are present at a construction site can cause serious injuries. Statistically, the most common causes of deaths in construction are falls (36.4 percent), struck-by objects (15.4 percent), electrocutions (7.2 percent), and caught-in or between objects or equipment (5.4 percent). These four accident types are what OSHA calls construction’s “Fatal Four.”

Types of Construction Accidents We Handle

Construction accidents happen often, as it is one of the most dangerous industries. The following are some of the most common types of incidents we handle: 

Crane Accidents: Crane accidents are one of the most catastrophic construction accidents, causing severe injuries and fatalities. They can result from operator errors, poor maintenance, or a broken crane.

Electrocution: Electrocution is a significant source of accidents on construction sites. Workers may come into contact with power lines or equipment that is in contact with live wires. These accidents can lead to severe burns, seizures, or even death. 

Falls: In the construction sector, falls are the leading cause of death and serious injury. Workers may fall from heights such as ladders, rooftops, and scaffolding. These falls can cause severe spinal cord injuries, traumatic brain injuries, and even death. 

Machine and Equipment Defects: Construction sites are filled with heavy machinery and equipment, which can lead to injuries if they malfunction. Equipment defects may include electrical failures, missing guardrails, and improperly installed machinery. 

Welding Accidents: Welding is a critical activity in construction. However, it can lead to severe accidents due to fire or explosions. Welding accidents can cause severe burns, blindness, and respiratory problems.

Excavation Accidents: Construction workers often work in excavations to lay foundations, install pipes or cables. However, cave-ins can occur and cause serious accidents. Excavation accidents can lead to crush injuries, suffocation, and death. 

Common Construction Site Injuries

The construction industry poses many health and safety risks to workers, as well as to drivers, cyclists and pedestrians that have to pass through construction zones in San Antonio. A construction site accident can cause a wide range of serious physical injuries and illnesses. The injuries sustained can depend on the nature of the accident and the victim. Common examples include:

  • Broken bones
  • Skull fractures
  • Traumatic brain injuries
  • Spinal cord fractures
  • Other back and spine injuries
  • Neck injuries
  • Soft-tissue injuries
  • Pulled muscles
  • Eye and ear injuries
  • Electric shocks
  • Burns
  • Lacerations
  • Scarring and disfigurement
  • Internal injuries
  • Exposure to toxic substances
  • Heatstroke

If you were diagnosed with any type of injury after being in a construction site accident in San Antonio, contact a personal injury lawyer from Hill Law Firm for assistance. We can help you fight for the financial compensation that you need to pay for your injury, including present and future medical costs.

How Our San Antonio Construction Accident Attorney Can Help

If you’ve been injured in a construction accident, you need to know how to protect your interests. That’s where hiring an experienced construction accident lawyer comes in. Here’s what they can do to help:

They Can Determine Liability

Construction accident cases can often be challenging because determining who caused your injury can be difficult. With a construction accident lawyer, investigations can be carried out to determine the liable party. Attorneys hire the best accident reconstructionists to investigate the claim and examine the job site. A qualified medical expert is also hired to examine medical records and help attorneys determine the negligent party if applicable.

They Calculate The Worth of Your Case

Calculating the worth of a case is an essential step attorneys have to take to fight for damages. By considering your injuries, medical expenses, lost income, and other crucial factors, a construction accident attorney can assist you in determining the value of your claim.

These can include long-term rehabilitation costs, emotional distress, and pain and suffering. By providing an accurate assessment of your case, your construction accident lawyer can help increase your chances of receiving the compensation you deserve.

They Will Communicate and Negotiate With Insurance Companies

Further benefits of retaining a construction accident attorney involve receiving legal guidance and support to negotiate with insurance companies and other relevant parties. Your lawyer will take care of all interactions with the insurance company, as well as handling the required legal documentation for submitting a claim. This helps reduce the stress and anxiety you’d face if handling the legal process on your own.

Who Can Be Held Liable for Your Construction Injury?

The following parties are some of the ones that are most commonly responsible for construction accidents: 

Construction Site Owner

The owner is responsible for ensuring that the site is safe for workers. If they fail to do so and an accident occurs, they could be held liable for the worker’s injuries. 

The Contractor 

In general, the contractor oversees the entire construction project and is accountable for guaranteeing that all safety procedures are adhered to. If they fail to do so and an accident occurs, they could also be held liable.

Engineers and Architects 

Ensuring the safety of construction sites is also the responsibility of engineers and architects who design the plans and blueprints for the project, ensuring maximum safety measures are implemented.

If they fail to do their job and an accident occurs, they could also be held liable.

Maintenance Crews

Maintenance crews are responsible for ensuring that the site is clean and hazard-free. If they fail to do so and an accident occurs, they may be responsible.

Manufacturers 

The manufacturers of defective equipment are also responsible for construction injuries. If a worker is injured due to defective equipment, the manufacturer could be held responsible for the worker’s injuries

Co-Workers

Negligent construction workers could be held responsible for injuries that occur to co-workers on the job site if it is due to their negligence.

San Antonio Construction Accident Lawyer

What Compensation Is Available in a Construction Accident Case?

It is important to understand the value of your construction site accident injury claim in Texas. Otherwise, you may accept a settlement from an insurance company that undervalues your losses. Although no amount of money can make up for a serious injury, obtaining fair and full financial compensation from the at-fault party can deliver a sense of justice. You may be eligible for the following types of compensation as an injured victim:

  • Economic damages. Economic damages refer to funds for the financial losses associated with a construction accident. These can include medical expenses, surgeries, rehabilitation, disability accommodations, lost wages, lost future capacity to earn, travel costs, out-of-pocket expenses and legal fees. Economic damages can be calculated with a degree of relative certainty based on bills, receipts and other evidence.
  • Noneconomic damages. These are the intangible ways in which the accident impacted the victim. Common examples include physical pain, emotional suffering, distress, mental anguish, psychological trauma, lost quality and enjoyment of life, and loss of consortium. Noneconomic damages are calculated based on an insurance company or jury’s impression of how much pain and suffering the victim has experienced based on injury severity and the facts of the case.

A successful construction site accident lawsuit in San Antonio could repay you and your family for several types of losses that you would not have suffered were it not for the defendant’s negligence. This can be important for moving on and reducing your family’s related financial stress while you recover from a serious injury. Let a San Antonio construction accident lawyer from Hill Law Firm help you recover fair financial compensation.

Are Punitive Damages Possible After a Construction Accident?

In a construction accident, punitive damages will only be an option if you are able to file a personal injury lawsuit. If you are injured at work and your employer has workers’ compensation, you’ll almost always be prohibited from filing a personal injury lawsuit, meaning punitive damages won’t be available. 

However, if you’re injured as a non-worker or in other limited circumstances and are permitted to file a personal injury lawsuit, you may be able to recover punitive damages.

Punitive damages in construction accidents are meant to punish the liable party and deter other parties from engaging in similar behavior. The victim has to prove that gross negligence, malice, or fraud resulted in harm to recover punitive damages in personal injury cases.

“Gross negligence means an act or omission:

(A)  which when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and

(B)  of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others.”

Malice is defined as specific intent to cause substantial injury or harm to another person. In construction cases, malice can arise when the defendant intentionally disregards the safety protocols or intentionally fails to put in place the necessary safety precautions. For instance, if a contractor purposefully removes a barrier separating a worker from a dangerous area, they could be found to have acted with malice.

In a jury trial, the jury has the last say on whether or not punitive damages should be given, as well as the amount of such damages.

When making this decision, the jury will take into account multiple factors, such as the severity of the wrongdoing, the nature of the defendant’s actions, the level of responsibility, how much the conduct goes against the public’s sense of decency and justice, and the defendant’s financial worth. These factors will help the jury determine whether the defendant’s conduct warrants punitive damages.

What Are the Time Limits for Filing a Construction Accident Claim?

In Texas, a two-year statute of limitations applies to construction injury claims under the personal injury umbrella. This time frame is significant as it ensures that the victim has a reasonable amount of time to gather evidence and prepare a case.

TWO-YEAR LIMITATIONS PERIOD.  (a)  Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.

(b)  A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death.  The cause of action accrues on the death of the injured person.”

However, the timeframe is different if you are filing a workers’ compensation claim. If you file a workers’ comp claim, you must report your injury to your employer within 30 days from the date you were hurt or from the date you knew your injury or illness was related to your job. 

You’ll also need to submit Form DWC-41 Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease within one year of the date of injury or within one year from the date the you knew or should have known the injury or disease may be work-related. Failure to meet these deadlines may result in the denial of your claim.

Ultimately, it is recommended to contact a construction accident lawyer as soon as possible.

Contact our Construction Accident Attorneys Today

Consult With an Experienced San Antonio Construction Accident Lawyer Today

Construction companies and site managers are often lax in their attempts to keep a construction site safe for workers and nonworkers alike. A construction company may try to save money by ignoring federal laws or cutting corners on safety regulations, for example. This can lead to devastating and preventable construction site accidents.

If you or a loved one was injured in a construction accident in San Antonio, one or more parties may be financially responsible. Our injury attorneys in San Antonio can help you pursue justice and the financial compensation that you deserve from the liable party. Contact the attorneys at Hill Law Firm today to request a free consultation. Call (210) 960-3939 or send us a message online and we’ll get back to you as soon as possible.