Construction Death Attorney in Houston

$32 Million Verdict for a Family After a Fatal Construction Accident

When a construction accident takes a family member's life, the question of what comes next can feel impossible to answer. Arnold & Itkin has represented families in exactly these circumstances since 2004, securing over $25 billion in verdicts and settlements for clients facing their worst moments. We bring that same commitment, and that same fight, to every family that calls us after a fatal construction accident. Our approach is straightforward: every case is personal, every client is treated like family, and we don't stop until we've done everything possible to hold the responsible parties accountable. No matter the odds. No matter the effort. No matter what.

If your family has lost someone in a construction accident in Houston, Texas, or nationwide, call Arnold & Itkin at (888) 493-1629. Your consultation is free.

Helping Families Find Answers

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A Proven Record in Fatal Construction Cases

Families looking for a construction death attorney deserve more than general personal injury credentials. Our team secured a $32 million settlement for a client whose husband was tragically killed in an accident near a construction site. Although liability was fiercely contested throughout the case, our trial team, led by Noah Wexler, overcame numerous obstacles through consistent pressure and an aggressive litigation strategy. That result reflects the preparation and commitment we bring to fatal construction litigation specifically.

Our reach in construction industry litigation extends further. We won an $860 million verdict against real estate developer Greystar for the family of a young woman killed when a construction crane collapsed onto her apartment building during a windstorm. That verdict shows the kind of result we can pursue when a construction industry defendant is unwilling to accept responsibility.

We're prepared to face general contractors, property developers, and equipment manufacturers alongside their corporate legal teams. Across practice areas, we've taken on some of the largest corporations in the country, including Johnson & Johnson, Union Pacific, and Bayer/Monsanto, and won. Kurt Arnold and Jason Itkin are both members of the Inner Circle of Advocates, which recognizes the 100 best plaintiff's lawyers in the nation. 

When you need attorneys who will go to trial, we're ready.

The Leading Causes of Fatal Construction Accidents

OSHA identifies four hazard categories responsible for the majority of construction deaths, collectively called the "Fatal Four": falls, electrocutions, struck-by incidents (where a worker is hit by a moving object or vehicle), and caught-in/between incidents (where a worker is caught in machinery or crushed between objects). Falls alone account for roughly 36% of construction fatalities nationally. Electrocutions account for approximately 8%.

Texas carries a disproportionate share of this risk. The Bureau of Labor Statistics' Census of Fatal Occupational Injuries, produced in cooperation with the Texas Department of Insurance, reported 125 construction industry deaths in Texas in 2024, representing roughly 22% of all workplace fatalities in the state that year. Houston's active construction market, with its constant pipeline of commercial, industrial, and infrastructure projects, means these hazards are present every day across the region.

Where Fatal Construction Accidents Happen in the Houston Area

Not all Houston construction jobs carry the same fatal accident risk. Some sectors see far more deaths than others, largely because of the pace of work, the materials involved, and where the jobs happen. 

The most common include:

  • Petrochemical and refinery construction along the Houston Ship Channel. Tank farms, pipelines, and process unit expansions place workers around hazardous chemicals, high-pressure systems, and hot work in one of the largest concentrations of petrochemical infrastructure in the country.
  • High-rise commercial and residential construction downtown and in surrounding districts. Multi-story projects in areas like Downtown, the Galleria, and Midtown expose workers to fall hazards, crane operations, and struck-by risks from materials being moved between floors.
  • Texas Medical Center and healthcare facility expansions. Continuous expansion at TMC and other medical campuses involves work on active sites next to occupied buildings, which adds coordination challenges on top of standard construction risks.
  • Port of Houston infrastructure work. Terminal, dock, and dredging-related construction produces heavy equipment operations near water and often involves work at extreme heights on cranes and container structures.
  • Highway and transportation infrastructure projects. TxDOT and METRO projects across the Houston area put workers alongside active traffic lanes, which is one of the leading sources of struck-by fatalities in road construction nationally.
  • Residential subdivision development in the outer suburbs. Rapid buildout in areas like Katy, Cypress, and Pearland can pressure schedules and increase reliance on layered subcontracting, both of which can complicate site safety oversight.

Every one of these sectors has produced fatal accidents that ended up as construction death claims. Understanding the specific work environment where an accident occurred is often the first step in identifying what went wrong and who is responsible.

Who Can Be Held Liable After a Fatal Construction Accident

A thorough investigation rarely points to a single party. Fatal construction accidents can implicate general contractors who failed to maintain a safe worksite, subcontractors whose workers created hazardous conditions, property owners or developers who ignored known risks, and equipment manufacturers who supplied defective machinery. Identifying every responsible party matters because it directly affects the recovery a family can pursue.

Texas adds another significant factor. It's the only state where private employers may legally opt out of the workers' compensation system, making them "non-subscribers." Under Texas Labor Code §406.033, a non-subscriber employer sued for negligence can't defend itself by claiming the worker was partially at fault, assumed the risk of the job, or was injured due to a coworker's negligence. Those defenses disappear, which can significantly affect the claim.

Texas Wrongful Death Law: What Families Need to Know

Two types of claims may arise after a fatal construction accident. A wrongful death claim, governed by Texas Civil Practice & Remedies Code §71.004, compensates surviving family members directly for their losses, including lost financial support, companionship, and emotional pain and suffering. A survival action is legally separate and allows the deceased worker's estate to pursue damages the worker could have claimed had they survived.

Standing to file a wrongful death claim in Texas is limited to the surviving spouse, children, and parents of the deceased. If none of them files within three months of the death, the estate's personal representative may bring the claim. Texas Civil Practice & Remedies Code §16.003(b) sets a two-year statute of limitations running from the date of death. These are general parameters; the specific deadlines and standing rules that apply to your family's situation are something our attorneys can walk you through directly.

Talk to a Houston Construction Death Lawyer at No Upfront Cost

We work on a contingency basis. That means we cover all legal fees and litigation expenses, and our clients don't pay anything unless we win a verdict or settlement on their behalf. For a family dealing with grief, lost income, and uncertainty about the future, that arrangement removes the financial barrier to getting experienced legal help now.

Arnold & Itkin can review your family's case, explain your options, and fight for accountability. Call (888) 493-1629 to speak with a construction death attorney in Houston.

Common Questions

  • Who Can File a Wrongful Death Claim After a Construction Accident?

    Standing in Texas wrongful death cases is limited by statute. Civil Practice and Remedies Code Section 71.004 gives the right to file to the surviving spouse, children, and parents of the person who died, and no one else outside those three categories has direct standing. Siblings, grandparents, cousins, and other extended family cannot file wrongful death claims in Texas regardless of how close their relationship with the deceased was. If none of the eligible family members files within three months of the death, the personal representative of the estate can bring the claim on behalf of the family. That three-month window trips up families who assume they have longer to decide.

  • What If My Loved One Worked for a Non-Subscriber to Texas Workers' Comp?

    Most Texas construction fatalities happen on jobsites where the employer has opted out of workers' compensation. That decision by the employer has significant consequences for the family. Workers' comp death benefits are capped and formulaic; a non-subscriber lawsuit is not. Families of workers killed by non-subscriber employers can pursue full damages, including the actual lost financial contribution the worker would have made over their working life, along with non-economic losses like loss of companionship and mental anguish. Texas Labor Code Section 406.033 also strips the employer of the three defenses it would otherwise use to limit or defeat the claim.

  • How Long Does My Family Have to File a Construction Death Claim in Texas?

    Texas Civil Practice and Remedies Code Section 16.003(b) sets a two-year statute of limitations for wrongful death claims, running from the date of your loved one's death. But two other timing rules matter as much. Section 71.004(c) requires the personal representative of the estate to bring the claim if the eligible family members (spouse, children, parents) have not filed within three months of the death. And evidence at construction sites disappears fast: cranes are moved, equipment is repaired, scaffolding is dismantled, and eyewitnesses transfer to new projects. Contact an attorney early enough that the case can be built while the evidence is still recoverable.

  • What Compensation Can Families Recover in a Construction Death Case?

    Texas allows recovery under two separate legal theories, which together cover different categories of loss. The wrongful death claim under Section 71.004 compensates the family directly for their losses: lost financial support the deceased would have provided, loss of companionship and society, and mental anguish. The survival action, brought by the estate, recovers what the deceased could have recovered had they survived: medical expenses incurred before death, pain and suffering the deceased experienced between the injury and the death, and funeral and burial costs. In cases involving gross negligence or malice, punitive damages may also be available under Section 41.003.

  • What Should Our Family Do in the Days After a Construction Death?

    Companies move fast after a construction fatality, often faster than the family does. Within days, employer representatives and insurance adjusters may reach out to the family with condolences and, in the same conversation, paperwork to sign. Do not sign anything before speaking with a lawyer. Ask the medical examiner for a copy of the death certificate as soon as it's available, and keep records of any communication with the employer, the general contractor, or their insurers. If OSHA opens an investigation, request a copy of the final report when it's issued. These steps preserve options that a family often doesn't realize they have.
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