Dallas Scaffolding Accident Lawyer | Varghese Summersett

If you were injured in a scaffolding accident in Dallas, you may be entitled to significant compensation for medical bills, lost income, and pain and suffering. Scaffolding accidents can cause catastrophic injuries, including spinal cord damage, traumatic brain injuries, broken bones, and even death.

Our experienced Dallas scaffolding accident lawyers have recovered millions for injured clients and helped them hold negligent property owners, contractors, and equipment manufacturers accountable.

You’re facing mounting medical bills. You can’t work. The insurance company is already calling, asking you to give a recorded statement or sign a release. The stress is overwhelming, and you’re worried about how you’ll provide for your family while you recover.

You don’t have to face this alone.

What Causes Scaffolding Accidents in Dallas?

Scaffolding accidents are among the most dangerous hazards on Dallas construction sites. According to the Occupational Safety and Health Administration (OSHA), scaffold-related incidents account for nearly 60 percent of all construction worker injuries.

Common causes include:

• Scaffold collapse due to improper assembly or structural failure
• Falls from elevated platforms due to missing guardrails or inadequate fall protection
• Defective or damaged scaffold components including planks, braces, and connectors
• Overloading the scaffold beyond its weight capacity
• Inadequate training on proper scaffold use and safety procedures
• Failure to inspect scaffolding before each work shift
• Unstable ground conditions or improper footing
• Electrocution from contact with overhead power lines
• Falling objects striking workers below

Dallas sees significant construction activity, from downtown high-rises to residential developments in North Dallas and the Bishop Arts District. Every construction site using scaffolding must comply with strict OSHA safety standards. When contractors, property owners, or equipment manufacturers cut corners, workers pay the price.

Common Injuries From Scaffolding Accidents

Falls from scaffolding often occur from heights of 20 feet or more. The injuries are rarely minor. Many victims face permanent disabilities that change their lives forever.

We represent clients who have suffered:

• Spinal cord injuries leading to paralysis or permanent mobility issues
• Traumatic brain injuries causing cognitive impairment and personality changes
• Multiple bone fractures requiring surgery and extensive rehabilitation
• Internal organ damage from blunt force trauma
• Severe burns from electrical contact or chemical exposure
• Crush injuries when scaffolding collapses
• Amputation of limbs
• Wrongful death

These injuries require immediate emergency care, often at Parkland Memorial Hospital or Baylor University Medical Center in Dallas. Initial treatment is just the beginning. Many victims need months or years of physical therapy, occupational therapy, and ongoing medical care. Some will never work again.

Who Is Liable for Your Scaffolding Accident?

Texas follows a modified comparative negligence rule. Under Texas Civil Practice and Remedies Code § 33.001, you can recover compensation as long as you’re not more than 50 percent responsible for your injuries. Your recovery will be reduced by your percentage of fault.

Multiple parties may share liability in a scaffolding accident:

General Contractors and Construction Companies: The general contractor controls the worksite and has a duty to ensure safe working conditions. If they hired subcontractors who used defective scaffolding or failed to enforce safety protocols, they can be held liable.

Property Owners: Under Texas premises liability law, property owners have a duty to warn of or remedy dangerous conditions. If a property owner knew about scaffold safety violations and did nothing, they may be liable for resulting injuries.

Scaffolding Manufacturers: If defective equipment caused your accident, the manufacturer may be liable under product liability law. This includes design defects, manufacturing defects, or failure to provide adequate warnings.

Scaffolding Rental Companies: Companies that rent scaffolding equipment have a duty to inspect and maintain their equipment. If they rented out damaged or unsafe scaffolding, they can be held responsible.

Subcontractors: The company that erected the scaffolding must follow proper assembly procedures and OSHA standards. Improper installation is a leading cause of scaffold collapses.

What Compensation Can You Recover?

Texas law allows scaffolding accident victims to pursue several types of damages. The specific compensation available depends on the severity of your injuries and the impact on your life.

Economic Damages: These compensate for actual financial losses you’ve incurred or will incur. They include past and future medical expenses, lost wages, loss of earning capacity if you can’t return to your previous job, and costs for in-home care or medical equipment.

Your medical expenses can be substantial. Emergency room visits, surgery, hospitalization, physical therapy, prescription medications, and assistive devices all add up. If your injuries are permanent, we calculate the present value of all future medical care you’ll need for the rest of your life.

Non-Economic Damages: These compensate for intangible losses that don’t have a dollar value on a receipt. They include physical pain and suffering, emotional distress and mental anguish, loss of enjoyment of life, disfigurement and scarring, and loss of companionship or consortium.

Under Texas Civil Practice and Remedies Code § 41.008, non-economic damages are generally capped at $250,000 per defendant in most cases. However, these caps don’t apply if the defendant acted with gross negligence or malice, or in cases involving certain catastrophic injuries.

Wrongful Death Damages: If your loved one died in a scaffolding accident, surviving family members can pursue a wrongful death claim. This includes compensation for funeral and burial expenses, loss of financial support, loss of companionship and emotional support, and mental anguish.

We’ve seen scaffolding accidents that resulted in settlements and verdicts in the hundreds of thousands to millions of dollars range, depending on the severity of injuries and available insurance coverage.

Why Insurance Companies Fight Your Claim

Insurance companies are not on your side. Their goal is to minimize what they pay out, even when you have a valid claim for serious injuries.

Common tactics include:

Rushing You to Settle: An adjuster may call within days of your accident, offering a quick settlement. These early offers are almost always far less than your claim is worth. Once you accept, you sign away your right to additional compensation, even if complications arise later.

Blaming You: The insurance company will look for any way to shift fault to you. They’ll argue you weren’t wearing proper safety equipment, didn’t follow procedures, or were careless. They know that if they can prove you were 51 percent at fault, you recover nothing.

Disputing Your Injuries: Insurance adjusters may claim your injuries aren’t as severe as you say, that they were pre-existing, or that they weren’t caused by the accident. They’ll demand independent medical examinations by doctors they hire, hoping for a more favorable opinion.

Delaying Your Claim: Some insurers will drag out the process, hoping financial pressure will force you to accept a lowball offer. They know that injured workers who can’t pay their bills become desperate.

Having a lawyer changes this dynamic. Insurance companies take represented claimants more seriously. They know we understand the full value of your case and won’t be intimidated by their tactics.

Let us handle the insurance company. You focus on getting better.

How Texas Workers’ Compensation Affects Your Case

If you were injured on the job, you might wonder whether you should file a workers’ compensation claim or a personal injury lawsuit.

Texas is unique because most employers are not required to carry workers’ compensation insurance. This is different from almost every other state. If your employer subscribes to workers’ comp, you’ll generally need to file a claim through that system. Workers’ comp provides medical benefits and partial wage replacement, but you typically can’t sue your employer directly.

However, you can still pursue a third-party liability claim against anyone other than your employer who contributed to your accident. This might include the property owner, general contractor, scaffolding manufacturer, or rental company.

If your employer does not carry workers’ compensation insurance, you can sue them directly for negligence. You’ll need to prove they failed to provide a safe workplace or violated safety regulations. Non-subscriber employers lose most legal defenses available to them, making it easier to hold them accountable.

This is a complex area of law. Many injured workers leave money on the table because they don’t understand their options. We analyze every potential source of compensation and pursue all available claims on your behalf.

What to Do After a Scaffolding Accident in Dallas

The actions you take immediately after an accident can significantly impact your ability to recover compensation.

Get Medical Attention Immediately: Even if you don’t think you’re seriously hurt, get checked by a doctor. Adrenaline can mask pain, and some injuries like internal bleeding or brain injuries may not be immediately apparent. Parkland Memorial Hospital and other Dallas emergency rooms see construction injuries regularly.

Report the Accident: Notify your supervisor or employer as soon as possible. Texas law requires that workplace injuries be reported, and delays can jeopardize your workers’ compensation claim. Get a copy of the accident report.

Document Everything: If you’re able, take photos of the accident scene, the scaffolding, your injuries, and anything else relevant. Get contact information from any witnesses. These details become harder to reconstruct as time passes.

Preserve Evidence: The scaffolding and equipment involved in your accident are critical evidence. Ask that the scene be preserved and that no repairs or changes be made to the scaffolding until it’s been inspected.

Don’t Give Recorded Statements: Insurance adjusters will ask for recorded statements. Politely decline until you’ve spoken with a lawyer. Anything you say can be used against you, even innocent comments about how you’re feeling.

Don’t Sign Anything: Insurance companies may ask you to sign medical releases, settlement agreements, or other documents. Don’t sign anything without having a lawyer review it first.

Keep Detailed Records: Save all medical bills, pay stubs, receipts for out-of-pocket expenses, and correspondence related to your accident. Keep a journal documenting your pain levels, limitations, and how your injuries affect your daily life.

The Claims Process and Timeline

Every scaffolding accident case is different, but most follow a similar path.

Initial Consultation: We meet with you to discuss what happened, review your injuries and medical records, and evaluate your case. This consultation is free and confidential.

Investigation: We conduct a thorough investigation of your accident. This includes obtaining accident reports, interviewing witnesses, reviewing safety records and OSHA violations, examining the scaffolding and equipment, consulting with safety experts and engineers, and gathering all medical documentation.

Demand and Negotiation: Once we understand the full extent of your injuries and damages, we send a detailed demand letter to the responsible parties and their insurance companies. We present the evidence and make a clear case for compensation. Most cases settle during this phase.

Litigation: If the insurance company refuses to offer fair compensation, we file a lawsuit in Dallas County courts. Your case will be assigned to one of the county’s civil district courts. We continue settlement negotiations throughout litigation, but we’re always prepared to take your case to trial if necessary.

Trial: If your case goes to trial, we present your evidence to a jury. This includes testimony from you, your doctors, expert witnesses, and others. The jury decides who was at fault and how much compensation you should receive.

Most personal injury cases take 12 to 24 months from start to finish, though complex cases or those involving multiple defendants can take longer. The Texas statute of limitations for personal injury claims is generally two years from the date of your injury. If you miss this deadline, you lose your right to compensation forever.

Don’t wait. The sooner you contact us, the sooner we can begin building your case.

What to Expect From Varghese Summersett

We know this is a difficult time. You’re in pain, worried about money, and uncertain about the future. We’re here to take the legal burden off your shoulders so you can focus on recovery.

Our Dallas scaffolding injury lawyers have been fighting for injured workers across North Texas for years. We understand how construction accidents happen and know how to hold the responsible parties accountable. We have access to top medical experts, safety engineers, and accident reconstruction specialists who can strengthen your case.

Here’s what you can expect when you work with us:

Personalized Attention: You’re not a case number. We take time to understand your story, your injuries, and your goals. Your lawyer will be accessible when you have questions or concerns.

Aggressive Advocacy: We don’t back down from tough opponents. Whether we’re negotiating with insurance companies or taking your case to trial, we fight for maximum compensation.

No Upfront Costs: We work on a contingency fee basis. You pay nothing unless we recover compensation for you. We advance all case expenses, and you only pay us back if we win.

Clear Communication: We keep you informed about every development in your case. We explain your options in plain language and help you make informed decisions.

Proven Results: Our firm has secured hundreds of charge reductions and dismissals across our practice areas, demonstrating our commitment to fighting for our clients’ best interests. While past results don’t guarantee future outcomes, our track record speaks to our dedication and skill.

With over 70 team members across our four Texas offices in Fort Worth, Dallas, Houston, and Southlake, we have the resources to handle complex scaffolding accident cases from investigation through trial.

Schedule a free consultation today. Let us review your case and explain your legal options.

Frequently Asked Questions

How long do I have to file a scaffolding accident lawsuit in Texas?

Texas law gives you two years from the date of your injury to file a personal injury lawsuit. If your loved one died in a scaffolding accident, you generally have two years from the date of death to file a wrongful death claim. There are some exceptions that can extend or shorten this deadline, so it’s important to consult with a lawyer as soon as possible. If you miss the statute of limitations, you lose your right to compensation forever, no matter how strong your case.

Can I sue if I was partially at fault for my scaffolding accident?

Yes, you can still recover compensation as long as you’re not more than 50 percent responsible for your injuries. Texas follows a modified comparative negligence rule. If you’re found to be 30 percent at fault, your compensation is reduced by 30 percent. If you’re 51 percent or more at fault, you cannot recover anything. Insurance companies will try to shift as much blame as possible to you, which is why having an experienced lawyer is essential.

What if my employer doesn’t have workers’ compensation insurance?

Many Texas employers choose not to carry workers’ compensation insurance. If your employer is a non-subscriber, you can sue them directly in court for negligence. This is often more advantageous than a workers’ comp claim because you can recover full damages including pain and suffering. Non-subscriber employers also lose most of the legal defenses available to them, making it easier to hold them accountable. You may also have claims against third parties like property owners or equipment manufacturers.

How much is my scaffolding accident case worth?

The value of your case depends on several factors including the severity of your injuries, the amount of your medical bills, your lost income and future earning capacity, the degree of fault of each party, available insurance coverage, and the impact on your quality of life. Cases involving permanent disabilities or wrongful death typically result in higher compensation. We provide a detailed evaluation of your case after reviewing all the facts and evidence. Schedule a free consultation to find out what your case may be worth.

How long will my scaffolding accident case take?

Most personal injury cases take 12 to 24 months from start to finish, though this varies based on the complexity of your case. Simple cases with clear liability and straightforward injuries may settle quickly, sometimes in a few months. Complex cases involving multiple defendants, disputed liability, or catastrophic injuries may take longer. We understand you need compensation now, but we won’t rush you into a settlement that doesn’t fully account for all your damages. We move your case forward as quickly as possible while protecting your interests.

Contact Our Dallas Scaffolding Accident Lawyers Today

A scaffolding accident can change your life in an instant. You deserve lawyers who will fight to make things right.

At Varghese Summersett, we’ve built our reputation on aggressive advocacy and a commitment to our clients. We understand the financial and emotional toll these accidents take on you and your family. We’re here to help you get the compensation you need to move forward.

Your initial consultation is free and confidential. We’ll review your case, answer your questions, and explain your legal options. If we take your case, you pay nothing unless we recover compensation for you.

Call us today at (214) 903-4000 or contact us online to schedule your free consultation. Our Dallas office is located near downtown, easily accessible from I-35E and I-30.

Don’t face the insurance companies alone. Let us fight for you.