Texas construction sites are too often the settings of disasters that send one or multiple workers to the hospital. Sadly, many of the worst accidents, injuries and deaths in construction are caused by negligence, or someone’s failure to act with ordinary care.
If you need to file a personal injury lawsuit or workers’ compensation claim for your construction injuries in Texas, be aware that there is a strict two-year deadline on most cases. Taking legal action and working with an experienced Austin construction accident lawyer quickly is crucial to securing the financial compensation you need to move forward.
Understanding Statutes of Limitations
A statute of limitations is a type of law that exists in all 50 states to encourage timely claims filing. In personal injury law, the statute of limitations is a filing deadline that typically ranges from around two to five years, depending on the state and the type of case.
Statutes of limitations are in place to keep the justice system just for both parties involved in a case. Without a legal deadline, an individual could feasibly wait to file a lawsuit until key evidence in the defendant’s favor has deteriorated or been lost.
It is critical to file a construction injury lawsuit within the correct amount of time in Texas. Otherwise, the courts will most likely “time-bar” your claim, meaning you will lose the right to seek financial compensation regardless of how strong your evidence may be.
Texas’s Personal Injury Statute of Limitations
Most personal injury lawsuits in Texas, including construction site accident cases, must be filed within at least two years of the date of the harmful incident or the date that the victim discovers his or her injuries (or reasonably should have discovered them with due diligence).
Texas Civil Practice and Remedies Code § 16.003 states:
- Sec. 16.003. TWO-YEAR LIMITATIONS PERIOD. (a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.
Under this statute of limitations, most injured construction workers have two years from the date of an accident to file a lawsuit against the at-fault parties. The sooner a lawsuit is filed, however, the better. The longer an individual waits, the higher the odds become of important evidence getting lost. Witnesses may no longer remember what they saw, for example, or the condition of the construction site may change.
What Is the Deadline on a Construction Accident Wrongful Death Claim?
Every year, victims tragically lose their lives in fatal construction accidents. In Texas, the statute of limitations on a wrongful death claim is two years from the date of the deceased person’s death. This may not be the same as the date of the accident if the victim survived for any period of time after the event.
Section (b) of § 16.003 states:
- (b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.
It is best for a decedent’s family to file a wrongful death claim for fatal construction injuries as soon as possible after the death. If the deceased person had an unresolved personal injury claim at the time of death, the family may also be able to file a survival action to pursue financial compensation for the victim’s pain, suffering and other personal losses.
Are There Exceptions to the Rule?
While two years is the most common statute of limitations for construction injury cases in Texas, you should not assume this is your time limit. Some cases can have longer or shorter filing deadlines, depending on the circumstances.
If you need to file a claim against a government entity in Texas, for example, you could have as little as 45 days, depending on the rules within your municipality. This is why it is critical to contact a construction injury attorney as soon as possible.
In cases where the discovery of a construction injury was delayed, such as exposure to toxic substances harming a construction worker months or years down the road, the clock on the statute of limitations will be tolled (paused) until the date of reasonable discovery. This is known as the discovery rule.
Finally, if an individual is mentally or physically incapacitated by a construction site accident, he or she will have two years from the date that legal capacity is restored. This is a special exception to the statute of limitations that is designed to protect the legal rights of an individual who may not be able to act on his or her own behalf right away.
What Is the Statute of Limitations on a Workers’ Compensation Claim in Texas?
A construction accident lawsuit can arise when a negligent party carelessly or recklessly causes a construction worker’s injury or death. Workers’ compensation insurance, on the other hand, provides coverage even when there is no proof of negligence.
If the construction company responsible for the worksite has workers’ compensation insurance and you wish to file a claim, you must notify your employer of the accident within 30 days. Then, you have one year from the date of the injury or illness to file a workers’ compensation claim.
Steps to Take to Strengthen Your Construction Injury Claim
If you suffer a construction accident injury in Texas, there are actions you can take to strengthen your injury claim. At the scene of the accident, do what you can to gather information and evidence. This can include taking pictures of the scene of the incident and your injuries, writing down witness names, notifying your employer, and looking around for surveillance footage.
Get medical care immediately for your construction injury or illness. Document your diagnosis and any treatments you receive. Notify your employer within 30 days of the accident if you wish to file a workers’ compensation claim.
Before you accept a fast settlement, however, contact a construction accident attorney at FVF Law Firm to discuss your options during a no-cost case review in a pressure-free environment. Our Austin personal injury lawyers have over 100 years of combined legal experience. Call (512) 640-2146 today to discuss a recent construction site accident.
