Construction can be a dangerous industry for workers, with many inherent accident and injury risks. If you need to file a construction accident lawsuit in Texas, you may be eager for it to be resolved as quickly as possible. It is important, however, not to rush into a settlement that vastly undervalues your injuries. Instead, work with an experienced Austin construction accident attorney to make your lawsuit as efficient and effective as possible.
What Is a Construction Accident Lawsuit?
A construction accident lawsuit is a civil claim that seeks to hold one or more parties, such as a construction company or equipment manufacturer, liable (legally and financially responsible) for a victim’s injuries and losses.
It is a type of legal action that can make an injured construction worker whole again by providing financial compensationfor losses such as medical expenses, lost wages, and pain and suffering.
Construction accident lawsuits may arise in Texas after harmful falls, falling objects, equipment malfunctions, machinery accidents, transportation accidents, electrocutions, explosions or exposure to harmful substances.
Any accident caused by negligence, or another party’s failure to act with proper care, could lead to a construction lawsuit. This includes employer negligence in construction, such as violations of federal safety laws.
Average Construction Accident Lawsuit Timeline
If you’ve suffered major injuries in a construction accident and are dealing with related hospital bills, it is normal to want the claims process to be over as quickly as possible so you can receive payment. While no amount of money can reverse what happened to you, achieving a fair settlement or judgment award could make it easier to move forward from your workplace accident.
A construction accident claim can take anywhere from around six months to multiple years, depending on the circumstances. The following timeline can help you know what to expect from the claims process. Keep in mind that these are all general estimates; your exact timeline will be unique to your individual case.
| Phase | Estimated Duration | Description |
|---|---|---|
| Investigation | 15 days – several months | Insurance company reviews your claim, verifies details, and may extend investigation up to 45 days for valid reasons. |
| Negotiation/Mediation | 3 – 8 months | Settlement offers and counteroffers are exchanged; mediation may be used to reach agreement without going to trial. |
| Filing the Lawsuit | 1 – 3 months | Statute of limitations is 2 years for lawsuits; workers’ comp claims must be filed within 1 year. Begins with a demand letter, followed by defendant response. |
| Discovery Phase | 6 – 18 months | Both parties gather evidence through depositions, interrogatories, and document requests. Complexity of evidence can extend this period. |
| Trial | 1 – 2 years or longer | Actual trial typically lasts a few weeks, but appeals or court backlog can add years to the process. |
Investigation (15 Days to Multiple Months)
When an insurance company receives an injury claim in Texas, state law gives it 15 business days to confirm the receipt of the claim. Once the insurance company receives all of the requested information from the claimant, it has 15 business days to investigate and determine whether it will pay. However, the investigation deadline can be extended by 45 days with a valid reason.
Negotiation or Mediation (3 to 8 Months)
If the insurance company accepts liability and offers a settlement, negotiations can begin. Offers and counteroffers can go back and forth between the insurance company and claimant until a satisfactory settlement is reached. This process may involve mediation, or informal out-of-court meetings with a mediator to help facilitate a compromise.
Settlement negotiations can be over quickly, within just a few months, or take several months to a year or longer for more complicated claims. A settlement can be reached at any point during a construction accident lawsuit, up until the first day of a scheduled personal injury trial.
Filing the Lawsuit (1 to 3 Months)
In Texas, an injured victim has no more than two years under the statute of limitations to file a construction injury lawsuit. Note that this is not the deadline on a workers’ compensation claim; this deadline is one year, but the accident must be reported by the victim to his or her employer within 30 days.
The actual filing process for initiating a lawsuit can take up to a few months in Texas. It begins with a demand letter, which can be drafted by your attorney and mailed to the defendant, who will then have multiple weeks to issue a response. Once the response is received, you can send in a counteroffer and enter settlement negotiations, if desired, or else the case may go to court.
Discovery Phase (6 to 18 Months)
If a construction accident case cannot reach a settlement and a lawsuit is initiated, both parties will enter the discovery phase. This is a period of time where both parties collect evidence and information from one another and through their own investigations.
Discovery often involves depositions, interrogatories and requests for the production of evidence. The discovery phase can take several months up to one year or longer, based on the complexity of the case.
The Trial Process (One to Two Years or Longer)
If a settlement cannot be reached and the construction case goes to trial in Texas, it could take one year, two years or even longer. While the actual trial will typically take one to a few weeks at most, appeals can add years to the overall process. Court backlog at a busy courthouse can also extend the timeline of a lawsuit that requires litigation.
What Factors Affect the Timeline of a Construction Accident Lawsuit?
There is no single timeline for a construction site injury lawsuit in Texas. This is because various factors can shorten or extend the legal process. A complicated case with catastrophic injuries or a liability dispute, for example, may take longer than a simpler case.
Factors that can impact the timeline of the lawsuit include:
- Injury severity
- Length of recovery time
- Case complexity
- The value of the claim
- Length of the investigation
- The number of defendants
- Disputes between at-fault parties
- Whether the case goes to trial
- Each party’s willingness to negotiate
- Insurance company cooperation
- Court schedule
The exact amount of time your construction accident lawsuit in Texas will take from start to finish is something you should discuss with an Austin personal injury attorney. Only a lawyer can give you an accurate estimate after reviewing your individual circumstances.
How Can I Make My Construction Accident Lawsuit as Time-Efficient as Possible?
To move your construction accident lawsuit along efficiently while maximizing compensation:
- Hire an Experienced Attorney: A skilled lawyer can guide you through the process, negotiate effectively, and prevent lowball settlements.
- Gather Evidence Early: Document injuries, medical treatments, and lost wages to strengthen your claim.
- Communicate Promptly: Respond quickly to your lawyer and any legal requests.
- Stay Informed: Understand each step of the legal process and what is required from you.
At FVF Law Firm, we have over 100 years of combined experience representing construction accident victims throughout Texas. We understand what you’re going through as an injured worker and are here to help you get through the legal process. We do things differently than most other personal injury firms, focusing on transparency, compassion and education above all. Call (512) 640-2146 today to get started with a no-cost initial case evaluation.
