The surviving family of a Houston construction worker who died on the job has just taken a major step forward in getting the justice they deserve.
A wrongful death lawsuit was recently filed with the Harris County District Court over a March fatality at a construction site on FM 251 (Almeda Road) in Houston. The lawsuit says that the construction company overseeing the work was negligent and responsible for the death of the 63-year-old foreman. Loved ones are seeking at least $1 million in damages for their incredible loss.
How did the construction accident happen?
On the day of the accident, the foreman was talking on his cellphone to his supervisor in an area where heavy machinery was being operated. According to court documents, the driver of the machinery "recklessly" put the heavy equipment into reverse and backed directly over the foreman. In the lawsuit, the victim's family alleges that the construction company failed to properly train and supervise its employees and maintain control over a safe worksite.
Winning a wrongful death lawsuit can be complicated in Texas. There are benchmarks that need to be met and evidence to be collected. Multiple agencies conduct queries that sometimes produce contradictory findings.
Workplace deaths in Texas
There are four things that must be established in a successful Texas wrongful death claim:
- The deceased person was employed, contracted, supervised, or otherwise under the direction of an employer.
- The employer owed the deceased a certain degree of safety.
- This degree of safety was not met due to "negligence, carelessness, or unskillfulness."
- This act of disregard directly led to the employee's death.
It's not clear how many wrongful death cases are won in Texas each year, but we do know that the number of on-the-job deaths spiked in 2019, according to the most recent information available. Typically, there are about 525 workplace deaths per year in Texas, but in 2019 there were 608.
Over the last 5 years, more than 3,500 employees have been injured by a motor vehicle at a Texas work site. Nationwide, the industry with the most worker deaths per year is specialty trade contractors, closely followed by truck transportation.
Recovering from a severe accident at work
If you were injured or someone you love died in a workplace accident due to negligence, you have the right to hold the at-fault party accountable through the civil justice system. While no amount of money will bring back your loved one, a successful wrongful death lawsuit can provide financial stability, closure, and justice for the person you love.
Depending on the specific details of your case, you may be entitled to compensation for:
- Loss of income
- Pain and suffering
- Loss of enjoyment of life
- Loss of guidance
- Unrealized retirement contributions
- Mental anguish
- Loss of companionship
- Household expenses
- Funeral and burial costs
Let our law firm help you seek justice
At The Herrera Law Firm, we take pride in protecting the rights of accident victims and fighting for their best interests. We always advocate for maximum financial compensation and leave no stone unturned in the pursuit of justice. We also offer legal representation on a contingency fee basis. That means there are no upfront costs to hire us, and you pay nothing unless we make a financial recovery in your case. See how an experienced wrongful death lawyer in San Antonio can help with your claim and contact us today for a free consultation.
"Winning isn't luck. It's knowing how to fight." — Attorney Frank Herrera Jr., founder of the Herrera Law Firm.
