Construction Injury Attorney Discusses Trench Collapse Lawsuits

It is common knowledge that construction work is inherently dangerous, especially when workers and employers don’t proactively work together on job site safety issues. And one of the particularly dangerous types of accidents in construction is trench collapse.

The majority of trench collapse accidents are fatal, and if the victim happens to survive, he or she is often left with catastrophic, life-long injuries.  The trench collapse attorneys from our Law Offices compiled this article to highlight how trench collapse wrongful death accident lawsuits operate and how our competent attorneys can assist you in pursuing justice.

While this article explains these concepts in simple terms, trench collapse accidents are quite complex and usually result in highly technical lawsuits. A non-attorney would have a very difficult task if they attempted to file this lawsuit alone. Don’t fall for this trap. Call the legal experts at our Law Offices to arrange a free consultation, and we will explain specifically what options you have available and what challenges you will likely face.

Most trench collapse accidents result from construction site employers not following standard safety guidelines. OHSA, the Occupational Health & Safety Administration establishes clear guidelines that govern how trench walls should be reinforced, how far apart the support structures should be spaced, and how the trench should be dug. These regulations are set forth to make trenches much safer, but building a trench safely is a time-consuming and expensive task, and many construction companies are more focused on increasing profits than protecting the lives of construction workers. Trench collapse accidents also can result from faulty equipment used in reinforcing the trench. Despite the reasons why the accident occurred, odds are it was the result of someone’s negligence and you are entitled to fair compensation.

We understand no amount of money can ever compensate you for the loss of your loved one. We also know when a loved one dies, in addition to the emotional upheaval, a family is often put under extreme financial stress and pressure. Our attorneys want to make sure you do not suffer under needless financial hardship and that you have the opportunity to seek justice for the loss of your family member. We will use all our knowledge and resources to help you receive the greatest possible settlement.

There are two different types of claims in comprehensive wrongful death lawsuits: wrongful death damages and survival damages. These claims must be filed separately and tailored for the specific plaintiff filing the claim. Plaintiffs seek wrongful death damages for their own suffering resulting from the victim’s death. Any eligible family member may file these claims and there is no limit to the number of wrongful death claims that can be filed. Wrongful death damages usually include the following:

Loss of financial support previously provided by the victim 
Medical and funeral bills 
The mental or emotional turmoil 
Loss of companionship or consortium 

On the other hand, survival damages, basically allow a family member to stand in proxy for the victim, in a legal sense and seek compensation for the damages which the victim could have pursued if they survived the accident and were alive. Survival damages often include the following:

Lost potential income due to catastrophic injuries 
Lost wages from time spent away from work 
The victim’s physical pain and mental anguish 

Wrongful death lawsuits are quite complex, and when they involve construction accidents, even more so. This is not the type of lawsuit you should attempt to file alone without legal representation. You need to enlist an experienced, competent attorney into the fray because workers’ comp insurance is very complex in these cases, and it can make the process much more involved. Overall, your case will be held to a higher standard of proof if the victim’s employer was a workers’ comp subscriber because you will have to convince a jury the defendant was grossly negligent in the death of your loved one.

Did You Know?
Our  Texas attorneys have won hundreds of construction accident cases. Call us today to discuss your case.

In addition, trench collapse accidents frequently involve multiple different defendants because of the use of defective equipment to build or reinforce a trench on the worksite. In this scenario, in addition to the wrongful death suit filed against your loved one’s employer, you will also be filing a product liability suit. This is a completely separate claim that must be filed employing entirely different legal techniques. For those without extensive legal experience, this process could easily become overwhelming.

For over two decades, the legal professionals at our Law Offices have been helping families pursue justice in construction accidents that took the life of their loved ones. We will conduct an extensive investigation at the accident scene to determine precisely what occurred and who was responsible. We’ll then build a comprehensive lawsuit and bring charges against all liable parties to hold them accountable for their negligent actions. We’ll do everything within our power to secure a fair settlement for you.

Our legal firm knows how to interact with insurance adjusters and converse with juries. We have handled hundreds of on–the–job accident cases and trench collapse mishaps. We are very familiar with Texas injury law and workers’ compensation insurance and its intricacies, so are not surprised by new developments. Insurance companies are familiar with our reputation and successful track record, and many times cooperate fully with our settlement demands so they don’t have to face our attorneys in court later. We can help you avoid the common pitfalls that many fall into and help you secure the justice you seek. If you’ve lost someone you love in a trench collapse accident or other work-related accident, don’t allow those responsible to go unpunished. Call the trench collapse attorneys at our Law Offices for a free consultation. Our wrongful death lawyers can help you get the compensation you are entitled to and the justice you deserve so that you can move ahead with your life.