Proving Negligence in a Highland Village Construction Accident Lawsuit
As an injured worker at a Highland Village construction site, you will likely have to file an injury claim through your employer’s workers’ compensation insurance. However, you can also file a lawsuit against a third party if their negligence causes or contributes to an accident. Hiring an experienced Texas lawyer in such cases will help you ensure justice and comprehensive compensation for injuries.
Our team of Highland Village TX lawyers at Carabin Shaw knows how to maximize your compensation after a work injury and has worked in Texas communities for over 30 years. In addition, we offer our services on a contingency-fee-basis, so you can avoid upfront legal fees; no money is owed unless your case is won. Call our toll-free number today at 800-862-1260. Someone is available to speak with you 24/7, and we have English- AND Spanish-speaking staff available for your convenience. The time for justice is now.
Third-Party Negligence on Texas Work SitesIn a construction accident claim, a third party is not your employer or a co-worker. Third parties on a work site may include:
- Subcontractors
- General contractors
- Manufacturers of equipment or materials
- Rental companies
- Architects and engineers
- Property owners
- Government entities
- Non-working individuals traveling through the site
For the court to consider any party liable, they must meet the criteria for construction accident negligence in Texas. This means they failed to act responsibly, and this “breach of duty” caused the plaintiff’s damages. Companies may be liable for their products and employees through strict liability rules.
Proving Third-Party Negligence in Highland Village, TexasIn a Highland Village construction accident lawsuit, the court must first determine that the defendant had a “duty of care” for the plaintiff. This may be a contractual duty, legal requirement, or a judgment call about the reasonability of an act. If the defendant’s actions caused you foreseeable harm, they may be liable for damages.
Next, your lawyer will need to prove causation. The defendant may not be liable for damages if the injuries are pre-existing or would have happened despite third-party negligence.
Finally, you must prove that you suffered damages to collect compensation. Your local Texas attorney will collect evidence to prove the extent of damages and help you to assign monetary value to noneconomic damages like pain and suffering. Read our client reviews to see how the lawyers at Carabin Shaw offer compassionate legal advice for work injury victims.
Damages in Third-Party Claims vs. Workers’ Compensation ClaimsIn a workers’ compensation claim, victims of work injuries only receive compensation for medical expenses and loss of income or death and burial benefits to family members (for work-related deaths). These benefits help victims financially recover from economic losses, but workers’ compensation benefits don’t cover relevant damages that don’t have established monetary value.
In a third-party construction accident claim, attorneys in Highland Village, Texas, can include your noneconomic damages in a civil action. Texas courts will compensate for the following noneconomic damages:
- Pain and suffering
- Emotional and mental anguish
- Loss of consortium
- Loss of life enjoyment
- Injury to reputation
- Other relevant noneconomic harm
A construction accident lawyer in Highland Village will consider the inconvenience of your injuries and their long-term impact on your lifestyle to calculate an adequate monetary number to claim damages. This may be a multiplier of economic damages or another formulaic approach that yields a reasonable argument for fair compensation.
Seeking Legal Assistance for Third Party Claims | Choose Carabin Shaw & Win Big, Call Now!Pursuing third-party compensation after a construction site accident is beneficial when it provides the opportunity for higher compensation covering more than economic losses like lost wages and medical expenses. However, it requires knowledge of the Texas legal system to ensure quality case preparation and reimbursement of workers’ compensation insurance benefits.
At Carabin Shaw, we want you to receive as much compensation as possible after your construction site accident. Call today for a free consultation, and find out how to best proceed with your claims process. We can help you negotiate with the insurance company and file a personal injury claim against a third party.
For more information: