If you or a loved one has been involved in a construction accident, it’s crucial to understand the specific time frames for filing a claim – your case depends on it.
At Havens & Associates, our Houston construction accident lawyers want clients to be informed at every step. Keep reading for an overview of the time required to file construction accident claims in Texas, then call to schedule your free case consultation.
Deadlines are set by the “statute of limitations”
The statute of limitations is crucial as it sets the deadline by which you must begin legal proceedings after a construction accident. This deadline varies by state and depends on the nature of the claim, whether it’s for personal injury, wrongful death, or workers’ compensation.
Personal injury claims
In Texas, the statute of limitations for personal injury claims, including those stemming from construction accidents, is generally two years from the accident date. This means you must file a lawsuit within two years to seek damages for injuries from someone else’s negligence or a safety violation on the construction site.
Workers’ compensation claims
For workers’ compensation claims in Texas, the timeline is more stringent. You are required to notify your employer of the injury within 30 days of the accident. Following this notification, you have one year to file a workers’ compensation claim. This timeline is crucial to maintaining your eligibility for medical coverage and wage replacement benefits.
Wrongful death claims
If the construction accident resulted in a fatality, the surviving family members might consider a wrongful death claim. In Texas, the statute of limitations for wrongful death claims is also two years from the date of the deceased’s death.
Why timely filing is critical
Filing within the designated time frame is crucial. If you file after the statute of limitations has expired, your claim will likely be dismissed, regardless of its merits. Early filing also helps preserve evidence and witness testimony, which is essential for a successful claim outcome.
Steps to take immediately after a construction accident
- Seek medical attention – Your health is the priority. Immediate medical treatment not only supports your recovery but also provides documentation of your injuries, which is vital for any claim.
- Report the incident – Notify your employer or the construction site manager about the accident as soon as possible. This official report can be crucial for a workers’ compensation claim.
- Document everything – Collect as much information as possible about the accident, including photos of the accident site, witness statements, and details of what occurred.
- Consult with a lawyer – Early legal advice can be pivotal. An attorney specializing in construction accident claims from Havens & Associates can provide crucial guidance on navigating the claims process and ensuring all filings are timely and correctly handled.
Don’t delay – Call Havens & Associates for strong representation
Adhering to construction injury timelines and taking the correct initial steps can significantly improve your chances of securing the compensation you deserve. For personalized advice and representation in construction accident claims, the experienced team at Havens & Associates is ready to help. Contact us online or call (713) 955-2215 now.
