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Construction is the deadliest occupation in Texas, and hundreds of Texas families are affected by construction deaths every year. According to the Bureau of Labor Statistics, over 33% of occupational fatalities in 2021 were in construction-related industries.
For people who have lost a loved one in a Texas construction accident, it can be a confusing and frustrating time when they are managing their grief and personal changes while also dealing with paperwork, legal issues, and mounting costs. While there are resources available to help, they can be unfamiliar and difficult to access without an advocate.
Here is an overview of what you need to know if you have experienced a construction accident death in Texas.
Fatal construction accidents are complex, and there can be a range of different causes and different ways for surviving family members to receive help and compensation. Generally speaking, there are three major causes of accidents and three different avenues for compensation.
If your loved one has been severely injured in a Texas construction accident, it is important to contact a personal injury attorney right away, even if your claim has been accepted by workers’ compensation.
Worker’s Compensation & Personal Injury Lawyers in Austin, Texas
In Austin, Texas, finding a workers’ compensation attorney you can trust is essential after a workplace injury. At Aaron Allison Law Firm, trust isn’t just a word—it’s the foundation of every client relationship.
Construction sites are rapidly changing environments where it is difficult to conduct an investigation and easy to conceal evidence of negligence. A construction accident attorney can review your case and conduct a detailed investigation to ensure you and your loved ones get all the compensation you deserve.
A construction accident is considered wrongful death when the fatality was avoidable by reasonable measures. If the employer (or a supervisor, coworker, or other person) was careless or negligent, or if their carelessness or negligence created a hazardous condition for other people, there may be a cause for wrongful death.
Some examples of construction accident wrongful death include a driver who failed to slow down in a construction zone and fatally struck a worker, a site supervisor who skipped safety protocols to save time or money, or a manufacturer who knowingly sold unsafe or defective equipment. In order to prove wrongful death, the responsible party needed to know better but then decided not to act on that knowledge, and someone suffered as a result.
If someone has died in a construction accident in Texas, their loved ones and beneficiaries are eligible to sue for wrongful death. People who can sue for wrongful death are:
Other loved ones and relatives, like fiancés, siblings, aunts, uncles, and cousins, are not eligible to sue for wrongful death.
In many serious accidents and injuries, the victim does not die right away. There may be a period of time when they are receiving medical treatment or where their prognosis is unclear before they ultimately pass away.
Because of this, Texas law allows accident victims and their loved ones to pursue compensation immediately and adjust their case later if it has a fatal outcome. In most cases, family members and loved ones will follow one of two paths:
Workers’ compensation claim becomes a survival action claim. For Texas construction workers who are covered by workers’ compensation or other injury insurance, the claim they filed for their accident and injury can be converted to a survival action if the worker passes away. A survival action compensates family members and loved ones for expenses related to the accident and death, including:
A personal injury lawsuit becomes a wrongful death lawsuit. If the person injured in a Texas construction accident is suing for personal injury rather than filing a workers’ compensation claim and then they pass away, the personal injury case can be converted to a wrongful death case. A wrongful death case uses the same evidence and has the same standard of proof as a personal injury case, and survivors can sue for:
While this system may sound complicated, it is meant to ease the transition between injury and fatality without starting over with a new process.
If you have lost a loved one as a result of a construction accident, contact a Texas construction accident lawyer as soon as possible. Construction accidents are complex, with many different avenues and outcomes, and you need the advice of an expert attorney.
For 50 years, my father, served as a trial lawyer to get just compensation for the people of Austin. At age 14, I began to take up the mantle to continue my father’s practice as a second generation trial lawyer serving Austin’s community. The strength of his legacy continues through its commitments to a communal presence, honoring that each case is as unique as the individual pursuing compensation.
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A construction accident law firm needs to be familiar with all the relevant aspects of the law, from insurance settlements to criminal negligence, and be prepared to investigate and fight your case in court.
The Law Offices of Aaron Allison have been proudly representing injured workers and their families for two generations, and we offer free consultations to help you understand your rights and get all the compensation you are entitled to. Contact us online, or call 512-474-8346 today to learn more and get the help you deserve at this difficult time.
Client Reviews
If your in an accident or have an issue with a workers comp issue Aaron Allison is the guy to call. He is the attorney who will get you everything you need plus will give you the right advise on what to do and how to do it. Mr. Allison will take time out of his day, which can be hours, talking to you and giving you valuable advise on your legal issues. He always calls you back and always remembers details of what you have discussed in the past. One of my favorite things about him is he is not your typical B.S. attorney your used to dealing with. He always talks to you in a honest and straight forward way and he always clarifies if you don’t understand. Very easy guy to talk to, who will fight tooth and nail for you and will always have your best interest at heart.
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When you schedule your free consultation with a personal injury and accident lawyer in Austin, Texas, it’s important to come prepared with any questions you may have. Here are some common questions clients often ask us:
To begin the process of filing a personal injury lawsuit, you should schedule a consultation with an experienced personal injury attorney in Austin. During the initial meeting, you will present the details of your claim to your attorney, including how your injury occurred, and the circumstances under which it occurred. If you agree to hire that attorney, then he or she will file a personal injury claim on your behalf, and the process will go from there.
It can take months, or, in some cases, years to settle a personal injury claim. The duration of the case will depend entirely upon the facts and circumstances of the claim. Some cases will take at least a year from the time the complaint is filed to settle, while others could take about six months. Talk to our Austin personal injury attorneys to get an idea of how long your personal injury claim could potentially take to settle.
In the state of Texas, a personal injury claim must be filed no later than two years after the date of the accident. However, certain circumstances can affect the statute of limitations for your injury claim. Consult with a Texas personal injury attorney to receive the most accurate information.
You should discuss this question with a personal injury attorney during an initial consultation. However, generally speaking, your attorney will start at a number which is higher than what you actually want. This number will include your medical expenses, lost wages, future lost wages, pain and suffering and other damages. By starting high, the insurance company may offer a lower amount, allowing you to meet in the middle at an amount closer to what you actually wanted.
Most personal injury lawyers operate on a contingency fee basis, meaning the lawyer’s fees for representing you will be deducted from your final settlement. You should always ask a personal injury lawyer what his or her fee will be during an initial consultation.
I needed an attorney, I had a fall at work and they basically denied my workman’s comp. My wife, she knew that we needed an attorney, and she really just jumped on it, pretty much. The long and short of it is we decided to go forward with it. In my experience with Aaron, he was everything that his reviews said and he did exactly what he said he was going to do. He kept in touch with me he kept my wife in the loop constantly. He fought to the very end successfully. For that...
My wife set everything up, she found Aaron, because I was in the hospital. It’s such a sea of B.S., you really have to talk to a bunch of lawyers to figure out which one is actually worth it. You have to be wary of who you are talking to when looking for an attorney. But not Aaron. Me and Aaron, we hit it off right from the get go. You can tell he’s a real person.
If you’re in an accident or have an issue with a workers comp issue Aaron Allison is the guy to call. He is the attorney who will get you everything you need plus will give you the right advise on what to do and how to do it. Mr. Allison will take time out of his day, which can be hours, talking to you and giving you valuable advise on your legal issues. He always calls you back and always remembers details of what you have discussed in the past. One of my favorite thi...
God forbid you ever find yourself hurt at work or play, hire him! I can’t say enough great things about Aaron and his team. They are reliable and attentive while at the same time fight hard to ensure a desirable outcome. It is awful to have to get an attorney, but Aaron made the process so much easier and less stressful!
Aaron, I appreciate all of the hard work. I know that you will not rest and you will not stop going after the people who hurt me. I am blessed and thankful for you and your staff. Thank you for stepping in and helping me get through this very difficult and life changing event. You always take time for me, you explain things to me, you never make me feel like I’m bothering you. I have never needed an attorney before and do not know or understand how things work. You are a g...
Worker’s comp was like year we’re denying that, we’re not responsible. I thought, that’s why I’m going to get a Worker’s Comp Attorney. I got a sit down consultation and then I was able to talk to it over. He said, if this is something you’re willing to do, I can definitely help. He explained everything real down to earth. This is what I was looking for, someone that could really help.
For 50 years, my father, served as a trial lawyer to get just compensation for the people of Austin. At age 14, I began to take up the mantle to continue my father’s practice as a second generation trial lawyer serving Austin’s community. The strength of his legacy continues through its commitments to a communal presence, honoring that each case is as unique as the individual pursuing compensation.
Admissions: admitted to practice law by the Texas Supreme Court, the Federal Court for the Western District of Texas, 5th Circuit Court of Appeals, and to the Supreme Court of the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Aaron Allison, who has vast legal experience as a workers compensation attorney.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 512-474-8346
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