Insurance companies will attempt to pay out as little as possible when resolving an injury claim. When an individual pursues compensation from an insurance company without the aid of an attorney, the insurance company may see the lack of representation as an opportunity to lowball the injured victim as there is no immediate risk of trial or legal recourse. By hiring a competent attorney who has a reputation for achieving large verdicts in the courtroom, you are sending a message to the insurer. It will provide the insurance company with extra incentive to offer a fair settlement the first time. If that first offer is not fair, an experienced personal attorney will have the resources and the knowledge to negotiate with the insurance company in pursuit of a better offer.

The cost associated with hiring a personal injury attorney and how payment is collected may vary from firm to firm. At Thomas J. Henry, we work on a contingency fee basis. This means that we don’t charge our clients a penny unless and until we win their case.

Working on a contingency fee basis allows clients access to resources and legal representation they might otherwise struggle to afford. The more serious a case is, the more money it costs to take to trial. This is because complex litigation tends to take longer to resolve and the entities involved fight harder.

This is especially true if your lawsuit is against a large company, as would be the case in a trucking accident or on-the-job injury. Such companies employ teams of lawyers and have seemingly unlimited financial resources. You need an attorney who has the same. Thomas J. Henry employs a team of more than 100 attorneys and has the money to fight your case out to the end.

Finally, by collecting any fees and expenses after a verdict or settlement is secured, Thomas J. Henry can help ensure his clients are able to focus on healing. “The client’s job is to heal. We will handle the rest,” says Thomas J. Henry.

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When you win your Texas personal injury case, there is a multitude of damages you can recover depending on the facts of your case. From past and future medical expenses to lost wages to pain and suffering, a jury will look at the facts of your case to determine exactly what types of compensation you are entitled to.

Among the most common damages recovered in personal injury lawsuits are:

Lost wages – You may be entitled to compensation for the impact an accident or injury has had on your salary or wages. This includes wages lost due to time spent in the hospital, rehabilitation, or the loss of a job due to disability.

Loss of earning capacity – Similar to lost wages, loss of earning capacity seeks to recover income that has been lost due to an accident or injury; however, whereas lost wages is focused on salary or wages that have already been lost, loss of earning capacity seeks damages based on future income.

Medical treatment – Damages almost always include the cost of medical care associated with an accident or injury. Damages can include reimbursement for treatment you have already received as well as compensation for the estimated cost of medical care you will need in the future.

Property loss – If any of your property was damaged or lost as a result of a personal injury accident, your attorney will seek reimbursement for repairs or compensation based on the fair market value of any property that was lost.

Pain and suffering – If your injury has resulted in pain or serious discomfort, you may be entitled to pain and suffering damages. This can include pain experienced when an injury was caused, pain experienced immediately after an injury was caused, and any ongoing pain that can be attributed to the injury or accident.

Loss of enjoyment – These damages attempt to quantify loss of enjoyment in day-to-day pursuits like hobbies, exercise, and other recreational activities.
Emotional distress – Not all injuries are physical. If your accident or injury has had a psychological impact and has resulted in things like anxiety, depression, or sleep loss, you may be entitled to emotional distress damages.

Loss of consortium – Typically applied to wrongful death lawsuits, loss of consortium damages can also be sought when a severe injury has resulted in a loss of companionship or an inability to maintain a sexual relationship with a spouse. Children may also sue for loss of consortium if the injuries have significantly hampered the victim’s ability to provide care, nurturing, or comfort.

Personal injury damages fall into two categories: Compensatory damages – These are damages that are intended to compensate the injured plaintiff for measurable losses suffered due to an accident or injury. Compensatory damages are further broken down into economic damages, those that have intrinsic monetary value like medical bills and lost wages, and non-economic damages, those that have no clear monetary value but can be quantified in an effort to make the plaintiff whole (i.e. pain and suffering, loss of consortium, emotional distress). Punitive damages – These are extra damages that are meant to punish a defendant for especially egregious or careless behavior while also serving as a deterrent to society at large. The vast majority of personal injury claims will deal solely with compensatory damages as the plaintiff attempts to recover what they have lost. Some of these damages are easy to put a dollar amount on, such as medical bills and lost wages, but other “non-economic” damages are much more difficult to quantify. A skilled attorney will be able to demonstrate the extent of any non-economic losses and demonstrate the value of those losses to a jury.