Construction accidents in Dallas leave workers and visitors facing serious injuries, mounting medical bills, and lost income. If you were hurt on a construction site, you may have the right to pursue compensation beyond workers’ compensation, including claims against property owners, general contractors, or equipment manufacturers.
At Varghese Summersett, our Dallas construction accident lawyers have represented injured workers across Dallas County in claims involving falls from scaffolding, crane collapses, electrocutions, and other preventable accidents. We offer a free consultation to review your case and explain your legal options.
Every construction site has multiple parties who share responsibility for worker safety. When one of them fails to meet that duty, we hold them accountable.
Why Construction Sites in Dallas Are So Dangerous
Dallas construction sites involve constant movement of heavy machinery, work at dangerous heights, and coordination among multiple contractors. These factors create serious risks for anyone on site.
Workers face hazards daily. Scaffolding collapses without warning. Crane operators lose control of loads. Electrical wiring lacks proper grounding. Safety equipment goes uninspected. These failures result in catastrophic injuries that change lives permanently.
The rapid pace of Dallas development increases pressure to finish projects quickly. Contractors cut corners on safety protocols. Workers skip required training. Supervisors ignore OSHA regulations. These decisions put everyone on site at risk.
Construction zones near busy Dallas streets add another layer of danger. Drivers strike workers in construction zones. Pedestrians wander into active work areas. Debris falls from upper floors onto sidewalks. Property owners fail to secure sites properly.
Types of Compensation Available After a Construction Accident
Construction accident victims in Dallas can pursue several forms of compensation depending on who was responsible for their injuries and how the accident occurred.
Medical expenses form the foundation of most claims. This includes emergency room treatment, surgery, hospitalization, physical therapy, medication, and future medical care. Construction injuries often require extensive treatment that continues for months or years.
Lost wages compensate you for income you could not earn while recovering. This includes missed workdays, reduced earning capacity, and loss of future income if your injuries prevent you from returning to your previous job. Construction workers who can no longer perform physical labor face significant financial losses.
Pain and suffering addresses the physical pain and emotional distress caused by your injuries. Serious construction accidents cause chronic pain, disability, disfigurement, and psychological trauma that deserve compensation.
Future damages account for ongoing medical needs and permanent limitations. If your injuries require lifetime care or prevent you from working in your field, you deserve compensation for these long-term impacts.
In cases involving gross negligence or intentional misconduct, courts may award punitive damages to punish the responsible party and deter similar conduct.
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Who Can Be Held Liable in a Dallas Construction Accident
Construction sites involve multiple parties, and determining liability requires examining the specific circumstances of your accident. Several entities may share responsibility.
Under Texas law, property owners owe a duty to maintain safe premises. Under Texas Civil Practice and Remedies Code § 75.002, property owners can be held liable for injuries caused by unsafe conditions they knew about or should have discovered. This applies when owners fail to address hazardous conditions on active construction sites.
General contractors oversee projects and coordinate subcontractors. They maintain responsibility for overall site safety. When general contractors fail to enforce safety protocols, ignore OSHA requirements, or allow dangerous conditions to persist, they can be held liable for resulting injuries.
Subcontractors handle specific aspects of construction work. Each subcontractor maintains responsibility for safety within their scope of work. An electrical subcontractor who creates a shock hazard or a framing subcontractor who builds unstable scaffolding faces liability for resulting injuries.
Equipment manufacturers and distributors can be held liable under product liability law when defective machinery causes injuries. This includes cranes with faulty cables, scaffolding that collapses under normal use, or safety equipment that fails to protect workers as designed.
Third-party contractors who provide equipment or materials may bear responsibility if their products or services contribute to an accident. A crane rental company that provides poorly maintained equipment or a safety equipment supplier who delivers defective gear can be held accountable.
Multiple parties often share fault in construction accidents. Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code § 33.001. You can recover damages as long as you are not more than 50% responsible for your injuries, but your compensation will be reduced by your percentage of fault.
What Your Dallas Construction Accident Case May Be Worth
The value of construction accident claims varies widely based on injury severity, available insurance coverage, and who bears responsibility for the accident.
Injury severity drives case value. Minor injuries requiring weeks of treatment settle for thousands of dollars. Catastrophic injuries like spinal cord damage, traumatic brain injuries, or amputations can result in settlements or verdicts worth hundreds of thousands or millions of dollars.
Insurance coverage affects what you can recover. General contractors typically carry commercial general liability policies with limits ranging from $1 million to $5 million or more. Property owners maintain separate premises liability coverage. If multiple parties share fault, you may access multiple insurance policies.
Lost earning capacity significantly impacts case value. A 30-year-old construction worker who can no longer perform physical labor faces decades of lost income. Courts account for this long-term financial impact when calculating damages.
Your medical prognosis matters. Injuries requiring ongoing treatment, repeated surgeries, or permanent disability justify higher compensation than injuries that heal completely.
Evidence quality affects outcomes. Strong documentation of safety violations, witness testimony about dangerous conditions, and expert opinions about causation strengthen your claim and improve settlement prospects.
The responsible party’s conduct influences case value. Deliberate safety violations or repeated OSHA citations demonstrate recklessness that may support punitive damages.
Watch: What Is My Personal Injury Case Worth in Texas?
Common Construction Accidents in Dallas
Construction accidents take many forms, but certain types of incidents occur repeatedly on Dallas job sites.
Falls from height remain the leading cause of construction fatalities nationwide. Workers fall from scaffolding, ladders, roofs, and unprotected edges. These falls often result in spinal injuries, traumatic brain injuries, broken bones, and death.
Scaffolding collapses occur when contractors use damaged equipment, exceed weight limits, or fail to properly secure platforms. Workers on multiple levels can fall simultaneously when scaffolding fails, creating mass casualty events.
Crane accidents cause catastrophic injuries. Operators lose control of loads that strike workers below. Cranes tip over due to improper setup or exceed capacity. Cables snap and release heavy materials. These accidents kill and seriously injure workers and bystanders.
Electrocution happens when workers contact live wires, use damaged electrical tools, or work near power lines without proper clearance. Electrical burns cause permanent disfigurement and internal organ damage.
Struck-by accidents involve workers hit by falling objects, swinging loads, or moving equipment. Hard hats provide limited protection against heavy materials falling from upper floors.
Trench collapses bury workers alive. Contractors who fail to properly shore excavations or ignore soil conditions create deadly hazards for workers in trenches and excavations.
Equipment accidents injure operators and nearby workers. Forklifts, backhoes, bulldozers, and other heavy machinery cause crushing injuries, amputations, and deaths when safety protocols are ignored.
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How Fault and Liability Work in Texas Construction Accidents
Texas construction accident liability involves analyzing multiple legal frameworks including premises liability, negligence, and workers’ compensation law.
Workers’ compensation provides limited benefits for workplace injuries regardless of fault. Under Texas law, most construction companies carry workers’ compensation insurance that covers medical expenses and partial wage replacement. Workers’ compensation prohibits injured employees from suing their direct employer for negligence.
This limitation does not prevent claims against third parties. If your injuries resulted from the negligence of anyone other than your direct employer, you can pursue a personal injury lawsuit. This includes claims against property owners, general contractors, subcontractors, and equipment manufacturers.
Premises liability applies when property owners or possessors fail to maintain safe conditions. Construction sites must warn of hazardous conditions and take reasonable steps to protect workers and visitors. Property owners who ignore known dangers face liability when these conditions cause injuries.
Negligence claims require proving four elements. First, the defendant owed you a duty of care. Second, they breached that duty through action or inaction. Third, their breach directly caused your injuries. Fourth, you suffered actual damages as a result.
Product liability law holds manufacturers strictly liable for defective equipment. You do not need to prove negligence if defective machinery caused your injuries. You must show the product was defective, the defect existed when it left the manufacturer, and the defect caused your injuries.
Multiple defendants often share responsibility. When several parties contributed to your injuries, each can be held liable for their portion of damages. Your attorney will identify all potentially liable parties to maximize available compensation.
The Claims Process After a Dallas Construction Accident
Construction accident claims follow a specific process from initial injury through final resolution.
Seek medical attention immediately after any construction accident. Your health comes first, and prompt medical care documents your injuries. Delayed treatment gives insurance companies ammunition to argue your injuries were not serious or were caused by something other than the accident.
Report the accident to your employer or the general contractor on site. Texas law requires written notice of workplace injuries within 30 days. Missing this deadline can jeopardize your workers’ compensation claim.
Document everything. Photograph the accident scene, your injuries, and any equipment or conditions that contributed to the accident. Get contact information from witnesses. Preserve damaged safety equipment or defective machinery if possible.
Contact a Dallas construction accident lawyer before giving recorded statements or signing documents. Insurance adjusters work for their companies, not for you. They will use your words against you to minimize their payout.
Your attorney will investigate the accident thoroughly. This includes obtaining incident reports, OSHA inspection records, safety protocols, equipment maintenance logs, and witness statements. Expert witnesses may evaluate safety practices, equipment defects, or medical issues.
Your lawyer will identify all potentially liable parties and available insurance coverage. Construction accidents often involve multiple defendants with separate insurance policies. Maximizing compensation requires pursuing all responsible parties.
Demand letters go to each defendant’s insurance company outlining your injuries, how the accident occurred, why their insured bears responsibility, and what compensation you seek. Insurance companies typically respond with lowball settlement offers.
Negotiations follow. Your attorney will counter low offers with evidence supporting higher compensation. Most construction accident claims settle during negotiations, but this process can take months.
If settlement negotiations fail to produce fair compensation, your attorney will file a lawsuit in Dallas County district court. Texas law gives you two years from the date of injury to file a personal injury lawsuit under Texas Civil Practice and Remedies Code § 16.003.
Litigation involves discovery, depositions, and motion practice. Your attorney will gather additional evidence, depose witnesses, and prepare your case for trial. Most cases settle before trial, often during mediation.
If your case goes to trial, a Dallas County jury will determine fault and damages. Trial preparation takes months and requires extensive work from your legal team.
Timeline varies significantly. Simple cases with clear liability and modest damages may settle within months. Complex cases involving catastrophic injuries, disputed fault, or multiple defendants can take a year or longer to resolve.
Why Insurance Companies Fight Construction Accident Claims
Insurance companies exist to make profit, not to fairly compensate injured workers. Understanding their tactics helps you avoid common pitfalls.
Adjusters minimize claim value by downplaying injury severity. They argue your injuries were pre-existing, unrelated to the accident, or less serious than you claim. They demand extensive medical records looking for any prior condition they can blame.
They use recorded statements against you. Adjusters ask leading questions designed to elicit answers that hurt your claim. They want you to admit partial fault, minimize pain, or express uncertainty about how the accident happened.
Quick settlement offers pressure injured workers to accept inadequate compensation. Adjusters know medical bills create financial stress. They offer settlements before you understand the full extent of your injuries or future medical needs.
They delay payment hoping financial pressure will force you to settle cheap. Monthly bills pile up while insurance companies drag out investigations and negotiations. This tactic works when injured workers cannot afford to wait.
They argue comparative fault to reduce what they pay. Even if their insured was primarily responsible, adjusters will claim you violated safety rules, used equipment improperly, or failed to avoid obvious hazards.
They challenge medical necessity of treatment. Insurance companies hire doctors to review your records and opine that treatment was excessive, unnecessary, or unrelated to the accident.
They exploit gaps in medical treatment. If you missed appointments or delayed follow-up care, adjusters argue your injuries were not serious or healed faster than claimed.
Corporate policies prioritize profit over people. Insurance companies train adjusters to minimize payouts. They reward adjusters who settle claims cheaply and discipline those who pay too much.
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What to Expect From Varghese Summersett
Our Dallas construction accident lawyers approach every case with the seriousness it deserves and the resources necessary to maximize compensation.
You start with a free consultation. We listen to what happened, answer your questions, and explain your legal options. This consultation costs nothing and creates no obligation. We never charge consultation fees.
We work on contingency. You pay nothing upfront and nothing out of pocket. We advance all case costs including expert fees, investigation expenses, and court costs. We only get paid if we win your case, and our fee comes from your settlement or verdict.
Our team conducts thorough investigations. We visit accident sites, interview witnesses, review safety records, and consult with experts in construction safety, engineering, and medicine. We build strong cases backed by solid evidence.
We identify all responsible parties. Construction accidents often involve multiple defendants with separate insurance policies. We pursue every available source of compensation.
You receive regular updates. We keep you informed about case developments, settlement offers, and important deadlines. You can reach your attorney directly with questions or concerns.
We negotiate aggressively. Insurance companies know Varghese Summersett lawyers prepare every case for trial. This reputation helps us secure better settlements during negotiations.
We take cases to trial when necessary. If insurance companies refuse fair compensation, we file lawsuits and present your case to Dallas County juries. Our trial experience includes representation in complex civil litigation across Texas.
Our 70+ team members across four Texas offices in Fort Worth, Dallas, Houston, and Southlake provide support and resources throughout your case.
Frequently Asked Questions
Can I sue if I was injured on a Dallas construction site?
Yes, but who you can sue depends on your employment relationship and who was responsible for your injuries. If you were employed by a construction company, Texas workers’ compensation law generally prohibits lawsuits against your direct employer. However, you can sue property owners, general contractors, subcontractors, equipment manufacturers, or any other third party whose negligence caused your injuries. If you were not an employee, such as a delivery driver or visitor to the site, you may be able to sue all responsible parties.
How long do I have to file a construction accident lawsuit in Dallas?
Texas law gives you two years from the date of injury to file a personal injury lawsuit under Texas Civil Practice and Remedies Code § 16.003. This deadline is strict. Missing it bars your claim regardless of how serious your injuries or how clear the defendant’s fault. Some exceptions may extend this deadline in limited circumstances, but you should consult an attorney immediately to protect your rights.
What if my construction accident injuries got worse over time?
Many construction injuries worsen as time passes. Initial diagnoses often miss the full extent of damage. You should not settle your claim until you reach maximum medical improvement and understand your long-term prognosis. An experienced Dallas construction accident lawyer will consult with medical experts to evaluate future medical needs and permanent limitations before negotiating settlement. Once you settle and sign a release, you typically cannot pursue additional compensation even if your condition deteriorates.
Will workers’ compensation cover all my damages from a construction accident?
No. Workers’ compensation provides limited benefits including medical expenses and partial wage replacement. It does not compensate you for pain and suffering, loss of enjoyment of life, or many other damages available through a personal injury lawsuit. If a third party’s negligence caused your injuries, you can pursue both workers’ compensation benefits and a personal injury claim against responsible parties. These claims are separate, and receiving workers’ compensation does not prevent you from filing a lawsuit.
How much does it cost to hire a Dallas construction accident lawyer?
At Varghese Summersett, you pay nothing upfront and nothing out of pocket. We work on a contingency fee basis, meaning we only get paid if we win your case. Our fee comes as a percentage of your settlement or verdict. We advance all case costs including expert fees, investigation expenses, and filing fees. If we do not recover compensation for you, you owe us nothing. This arrangement allows injured workers to access experienced legal representation regardless of their financial situation.
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