Who Is Liable For My Construction Accident Injury?

Attorneys Helping the People of Texas

A single construction project could involve dozens of professionals, contractors and companies. As a result, when a worker is injured in a construction accident, there are numerous different people who may be liable. Depending on the size and complexity of the project, the people and/or entities responsible for the construction accident could include:

· Property owners

· General contractors

· Sub-contractors

· Engineers

· Designers

· Architects

· Equipment or material suppliers

· Construction managers

· Safety consultants

In some cases, more than one party could be responsible for your construction accident. There are also times when the at-fault party is not immediately obvious. Every case is unique, and liability will depend on factors such as contractual agreements, legal duties and the circumstances surrounding your accident.

It is important that you identify all potentially liable parties from the outset of a personal injury lawsuit so that you do not lose your ability to seek compensation from them. A lawyer can review the facts of your case and determine who is at fault for your injuries.

If you have been injured in a construction accident, contact Fears | Nachawati today. We provide construction accident victims with free legal advice. To receive your free consultation with a Texas personal injury lawyer, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584

Texas House Bill Restores The Right of Injured Contract Workers To Sue

The Texas House passed House Bill 1657, a piece of legislation that restores an injured worker's right to sue property and premises owners for negligence. The bill was proposed in response to Entergy v. Summers, a Texas Supreme Court decision involving workers’ compensation which garnered much attention.

The questionable Entergy opinion issued by the often criticized Texas Supreme Court addressed whether a property and premises owner can be sued by an injured employee of a contractor. Because of the Supreme Court's highly criticized decision, property owners who purchased workers’ compensation insurance for contract workers who perform work on their premises enjoyed complete liability protection. In response to the allegedly flawed opinion, the Texas House quickly passed a bill to invalidate the Supreme Court's decision, an opinion which many viewed as an opinion that was bought and paid for by Big Insurance and special interest lobbyist groups.

For more information on HB 1657 and the Entergy case, click here for the full article.

Fears | Nachawati works hard for employees and contractors who have been injured on the job. To find out if you have a work-related personal injury claim, contact us today for a free consultation at mn@fnlawfirm.com or toll free at 1.866.705.7584.

What Is A Personal Injury Law Suit

A personal injury lawsuit is based on one person being injured because of the negligent actions of another person. A person is negligent if they fail to act with the prudence that a reasonable person would under the same circumstances. Liability can also be founded on behavior that is reckless or intentional. The person liable for the accident is the defendant, while the person bringing the suit is the plaintiff.

The purpose of a personal injury lawsuit is to compensate the victim for their injuries and losses. These are known as “damages.” The amount of compensation awarded to a plaintiff in a successful personal injury claim depends on the extent of their injuries, both physical and emotional.

The law surrounding personal injury lawsuits varies from state to state. That is why it is so important that you seek the advice of a Texas personal injury attorney. Only an attorney versed in Texas personal injury law can properly advise you on your potential claim.

The law firm of Fears | Nachawati represents accident victims in personal injury lawsuits. To find out if you may have a personal injury claim, contact us today to receive a free consultation. You can email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

You should not hesitate in consulting with a Texas personal injury attorney. If you wait too long, your claim might be barred by the state’s statute of limitations. A statute of limitations is a law that limits the amount of time in which you have to bring your personal injury claim.

How Long Do I Have to Sue For My Injuries

In Texas, the amount of time a person has to file their claim or case with the courts varies according to the type of lawsuit or claim that is filed. While there are limited exceptions to when limitations expires, a lawsuit or claim should be filed well ahead of the expiration of the applicable limitations statute. The reasoning for filing well in advance is that many complications could arise in computing the time line, and once the limitations date expires, you generally lose your right to sue forever--something you do not want to happen. General legal information on some Texas statute of limitations is listed below:

- Personal Injury - 2 years from date of injury

- Injury to Property - 2 years from date of injury

- Product Liability - 2 years

- Wrongful Death - 2 years from date of death

- Minors - does not begin to run until minor reaches age 18

Call the lawyers at Fears | Nachawati Law Firm if you have questions about your potential case and the proper calculation or the statute of limitations. 1.866.705-7584 or info@fnlawfirm.com

Company May Face Negligent Homicide Charges In Construction Site Accident

According to an Austin, Texas, police search warrant, the scaffolding that collapsed, killing three construction workers was improperly assembled. The story was previously posted in our blog here.

If the claim of negligence is substantiated, then the construction company who put the platforms together could be facing charges of negligent homicide. Criminally negligent homicide is a felony which can result in 2 years of jail time and a fine of $10,000.

The warrant was issued last week, enabling police to seize parts of a mast climber, which is a platform scaffold used by workers to scale the outside walls of buildings. According to the warrant, the device which was seized was constructed by American Mast Climbers of Whitney.

General Metroplex Interiors, the subcontractor hired to handle the building of stucco and frame work, hired American Mast Climbers to install and maintain the scaffolding.

The pieces of scaffolding were seized by investigators in order to determine what caused the equipment failure that ultimately led to the collapse. OSHA investigators, after examining the equipment, informed police that some of the components that made up the mast climbers were faulty. The use of this faulty equipment, says OSHA, may be enough to warrant a charge of criminally negligent homicide.

For more on this Texas construction accident, click here to read the full article.

If you have been injured in a Texas construction site accident, contact us today. To speak with a Texas personal injury lawyer and receive free legal advice about your potential construction site accident claim, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

Even if you are not sure if you have a viable case, contact us today to receive a free consultation regarding the particulars of your bike accident.

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