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By: Ricardo A Garcia

Serving Residents Throughout Hidalgo County and all of Texas.
If you have been seriously injured on a job site, contact the experienced McAllen construction accident attorneys at the Law Firm of Ricardo A. Garcia to protect your rights and maximize your compensation.

Table Of Contents

Construction sites are, by nature, a hazardous place to work in. There are rules and safety regulations for a very good reason. There is scaffolding, raw materials, heavy machinery, and other hazards that make these safety regulations necessary. If someone acts negligently or carelessly, there can be catastrophic repercussions. Likewise, if there is a defective tool on the premises or faulty scaffolding, that can yield terrible results as well. If you are here reading this page, odds are you have been seriously injured in a construction accident. We urge you to get in contact with an attorney right away to see if you have a legitimate construction accident claim. We offer free consultations to go over the details of your case with our McAllen construction accident attorneys and we will let you know what you rights to compensation are. After you read a little about your case, please give our office a call right away. Get Our FREE Construction Accident Guide

Texas Statute of Limitations

Texas permits that, if you are to file a construction accident claim, it needs to be done within two years from the date of your accident. While at first, that may seem like quite a long time, we assure you that it goes quickly in the legal world. A strong case takes time to build and we encourage you to give your attorney as much time as you can. Calling an attorney as soon as possible is an easy way to improve your chances of getting full compensation from the liable party’s insurance company.

How Construction Accident Compensation Works

Texas is unique to many states in the country as they do not require employers to carry worker’s compensation. If you are hurt on a construction site, in most states, you would default to worker’s compensation which covers your past and future medical bills, lost wages, and pain and suffering. That is the easiest path to recovering for your injuries and damages, but it is not always available. When this is the case, you would pursue a third-party construction accident claim which would be brought against whomever was responsible for your injuries. With this type of claim, you would need to prove negligence and prove that your injuries were caused by this found negligence. With a third-party or worker’s compensation claim, you have to always prove your injuries in order to be eligible for compensation. That’s done through medical records.

First Steps for a Successful Construction Accident Case

As mentioned, medical records are needed to prove your injuries. Often, your injuries tell a story and act as evidence to prove that there was negligence on the construction site. We do not have this evidence if you do not seek medical attention. Being in pain is never normal and if you are in pain after your incident, we encourage you to seek immediate medical attention to get treatment for your injuries. Not only will you be ensuring that your injuries are getting treated and not getting any worse, but you will also be protected that evidence. If the insurance company looks at your medical records and notices that you did not seek medical attention for quite some time, they will think that you were either injured at a later time, not involving their insured or that your injuries aren’t bad enough to need immediate treatment, therefore not requiring compensation from them. For these reasons, always get to the doctor, emergency room, or urgent care facility as soon as you can. We talked a little bit about evidence and the importance of it for proving negligence. This leads us to the actual scene of events. If you are whisked away on an ambulance, you can have a coworker or attorney do this step for you. You need to collect evidence. This will most likely include filing an accident report, but you also want to collect some evidence personally as well. That includes photos of the cause of the accident, whether it be broken scaffolding, exposed wires, or a heavy object that fell and broke your bone. Whatever it was that harmed you, get photos of it as well as the scene surrounding the event. These photos will give us clues as to how your accident happened and who is liable for your injuries.

Our Mcallen Law Office Location

Mcallen Office

Address:

820 South Main St., McAllen, Texas 78501

Phone:
(956) 630-2882

Fax:
(956) 630-2882

Call

(956) 630-2882

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    Testimonials





    "Want real justice they are the ones to go. Professionalism excellence!! They really do exceed!"
    Yvonne Rodriguez




    "Awesome people to work with very prompt in return calls and getting stuff done💪💪"
    Jeffrey Pate




    "The place is beautiful and everyone is very nice! Two thumbs up!"
    Laura Perez

    Frequently Asked Questions

    When you hire a personal injury lawyer to help you get money for an injury, you’re getting someone who fights for you, deals with paperwork, and talks to insurance companies.

    Just know that insurance companies try to pay as little as possible for your injuries. Hiring a lawyer helps make sure you get the money you deserve.

    Usually, we start by trying to agree on a payment without going to court. It’s better because it’s cheaper, less stressful, and faster. Even if we do go to court, we might still settle there.

    People often ask, “How much money will I get?” It depends on a few things:

    1. We add up your bills and lost wages (that’s called economic damages).
    2. Then we increase that number depending on how bad your case is (if someone really messed up).
    3. We also think about the most money the insurance will give (like $30k/$60k in Texas).

    Since this is a common question, we’re sharing this info to help you understand better how we figure out how much you’ll get.

    After you’ve been injured in an accident, it’s crucial to seek out a Texas personal injury lawyer immediately. This is vital to safeguarding important evidence for your case.

    Understanding the statute of limitations is also essential. If you delay filing a lawsuit for personal injury, your case could be dismissed due to these time limits. Typically, you must file a claim within two years of the accident or injury, though there are exceptions.

    The statute of limitations usually begins counting from the date of the accident. For instance, if you were injured in a car crash, the two-year countdown starts from that day.

    In most cases, you can’t pause or extend the time limit. Once it’s up, you can’t make a claim anymore.Sometimes, especially with accidents involving government entities, you have even less time to act or risk forfeiting your right to seek compensation for your injuries. To ensure you’re protected and can still pursue a claim, it’s crucial to consult a personal injury lawyer as soon as possible after your accident.

    Negligence refers to failing to exercise reasonable care in a situation where a prudent person would do so. It can occur by either doing something incorrectly or by failing to act when action is necessary. For instance, not providing assistance when required could be deemed as negligence.

    In legal terms, proving negligence typically involves demonstrating several key elements:

    • Duty: Showing that the person responsible for the action owed a duty of care to the injured party.
    • Breach: Establishing that the responsible person failed to meet that duty of care.
    • Causation: Demonstrating that the breach of duty directly resulted in harm to the injured party.
    • Harm: Providing evidence that the injured party suffered actual harm or damages.
    • Proximate Cause: Establishing that the actions of the responsible party were the primary cause of the harm suffered by the injured party.

    Most personal injury cases in McAllen are typically settled before reaching trial. About 90 to 95% of these cases are resolved through negotiation or settlement agreements. However, whether your case proceeds to trial depends on several factors

    • -Severity of injuries: If your injuries are severe, such as brain or spinal cord damage, insurance companies may be more inclined to settle to avoid potentially higher payouts at trial.
    • -Strength of evidence: If you have compelling evidence that supports your claim and makes it difficult for the other party to dispute, they may choose to settle rather than risk an unfavorable outcome at trial.
    •  -Negotiation skills: Having a skilled negotiator on your side can significantly impact whether your case goes to trial. A capable attorney can often negotiate favorable settlements without the need for litigation.

    While most cases settle out of court, having a proficient legal team like ours in the Texas Rio Grande Valley ensures you’re prepared for either scenario. We have a proven track record of successfully resolving personal injury claims through negotiation and, if necessary, litigation.

    If you’re considering legal action after an accident like a car crash or getting hit by a truck, it’s crucial to have a skilled negotiator on your side. Our team of attorneys in Texas Rio Grande Valley has a successful track record of resolving personal injury claims through negotiation and, if necessary, litigation.

    Here’s What Our Clients Say





    "Want real justice they are the ones to go. Professionalism excellence!! They really do exceed!"
    Yvonne Rodriguez




    "Awesome people to work with very prompt in return calls and getting stuff done💪💪"
    Jeffrey Pate




    "The place is beautiful and everyone is very nice! Two thumbs up!"
    Laura Perez
    McAllen Injury Lawyers