Highway construction sites are some of Houston, Texas’s most dangerous work environments. The combination of heavy equipment, large vehicles, and high speeds can lead to serious accidents and injuries for workers and bystanders. If you or a loved one has been injured in a highway construction accident in Houston, Texas, it’s important to seek the help of a skilled and experienced personal injury lawyer.
If you are looking for a highway construction accident lawyer, experienced and award-winning trial attorneys of The Krist Law Firm, P.C. can help protect your rights and work to secure the compensation you deserve.
Damages For Highway Construction Accidents
Highway construction accidents in Houston, Texas, can result in a wide range of damages, both economic and non-economic. The type and amount of damages an injured party may be entitled to depend on the accident’s circumstances, the injuries’ severity, and other factors. Below are some of the damages that an injured party may be entitled to receive in a Houston highway construction accident case:
- Medical Expenses: An injured party may receive compensation for all reasonable and necessary medical expenses related to their highway construction accident injury. This can include expenses such as emergency room visits, hospital stays, doctor’s visits, surgeries, medications, and rehabilitation.
- Lost Wages: If an injured party cannot work due to their highway construction accident injury, they may be entitled to compensation for lost wages. This can include wages lost during recovery and future lost wages in the form of reduced earning capacity if the injury results in a long-term or permanent disability.
- Pain and Suffering: In addition to economic damages, an injured party may receive compensation for non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages are more difficult to quantify than economic damages and will require the assistance of a skilled highway construction accident lawyer.
- Property Damage: In some cases, a highway construction accident may damage the injured party’s personal property, such as a vehicle and/or its contents. In these cases, the injured party may be entitled to compensation for repairing or replacing their damaged property.
- Punitive Damages: In cases where the employer or other responsible party’s conduct was particularly egregious or reckless, the injured party may receive punitive damages. These damages are meant to punish the responsible party for their actions and deter similar future behavior.
It’s important to note that in Texas, there is a cap on non-economic damages, including pain and suffering, in certain types of cases. However, this cap may not apply in all cases, and an experienced highway construction accident lawyer can help injured parties understand their rights and pursue all available avenues of compensation.
If you have been injured in a highway construction accident in Houston, Texas, it’s important to seek the advice of a skilled and experienced personal injury attorney. A lawyer can explain your legal rights and options for a financial recovery, and will fight to ensure you receive the total and fair compensation you deserve.
The Insurance Claims Process
Insurance claims in highway construction accidents in Houston, Texas can be complicated due to the numerous parties involved, such as the construction company, subcontractors, and potentially multiple insurance providers. The following is a general overview of how insurance claims work in highway construction accidents.
Report, Investigation, and Coverage Determination
The first step in the insurance claims process is to report the claim to the insurance company. The injured party may report the claim to their insurance company if they have coverage that applies to the accident and/or the responsible party’s insurance company.
Once the claim has been reported, the insurance company will initiate an investigation into the claim. This may involve gathering additional information, such as witness statements, police reports, or medical records.
After the investigation, the insurance company will determine whether the policy covers the claim. If the claim is covered, the insurance company will proceed with the claims process. If the claim is not covered, the insurance company will notify the policyholder of the denial.
Liability, Damage Assessment, and Settlement
In highway construction accidents, liability may be shared by multiple parties. The insurance company will determine who is at fault for the accident and the extent of their liability. If liability is established, the insurance company will assess the damage and determine the cost of repairs or replacement. This may include damage to vehicles or other property and injuries sustained by individuals.
Once the damage has been assessed and liability determined, the insurance company will offer a settlement to the injured party. The settlement amount may cover the cost of repairs or replacement and any other damages or losses incurred as a result of the accident.
The injured party can choose to accept the settlement or appeal the decision. If the injured party accepts the settlement, the insurance company will issue payment. If the injured party appeals the decision, the insurance company will initiate a review process.
Grounds For a Claim
A Center for Construction Research and Training study found that highway construction workers are at an increased risk of injury and death compared to workers in other industries. Grounds for a highway construction accident claim in Houston, Texas may include negligence, products liability, premises liability, and vicarious liability, among others. Negligence can occur when a party fails to follow safety protocols or improperly maintains equipment, while products liability can occur when faulty equipment or machinery is involved.
Premises liability can occur due to hazardous conditions on the construction site, and vicarious liability can occur when the negligent party is an employee of a company, holding the company liable for its worker’s actions or inaction. Determining the grounds for a claim can be complex, and consulting with an experienced highway construction accident lawyer is imperative so that you are on equal footing with those responsible and their insurance carriers.
How An Attorney Can Help
An experienced attorney can play a vital role in helping an individual injured in a highway construction accident in Houston, Texas. Below are some ways an attorney can help.
Investigation, Assessment, and Insurance Companies
A highway construction accident attorney can thoroughly investigate the circumstances surrounding the accident to determine who is at fault and what factors contributed to the accident. This can help establish liability and determine the appropriate parties to pursue for compensation.
An attorney can assess the full extent of the damages incurred by the injured party, including medical expenses, lost wages, pain and suffering, and other related losses. This can help ensure that the injured party receives fair compensation for their full loss.
An attorney can negotiate with insurance companies on behalf of the injured party to ensure that they receive the full and fair compensation to which they are entitled to under the law. This can help alleviate the burden of dealing with insurance companies and protect the injured party’s rights.
Lawsuit, Guidance, and Support
It may be necessary to file a lawsuit to obtain the compensation the injured party deserves. An experienced trial lawyer can represent the injured party in court and help build a strong case for their claim.
Dealing with the aftermath of a highway construction accident can be overwhelming and stressful. An attorney can guide and support the injured party throughout the legal process, helping them understand their rights and options for compensation.
Contact The Krist Law Firm, P.C. After a Highway Construction Accident
Hiring an experienced personal injury attorney from The Krist Law Firm, P.C., can significantly increase the chances of a successful outcome in a case involving a highway construction accident in Houston, Texas. A lawyer can navigate the complex legal process, negotiate with insurance companies, and provide invaluable support. Contact us today for a free consultation with one of our lawyers.