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What Is My Personal Injury Case Worth?

In Texas, a personal injury case is only worth what a jury is willing to award you. This is why you need an attorney who can not only prove the economic damages you have sustained due to your accident, but can also demonstrate the value of non-economic damages you may have sustained, such as pain and suffering, mental anguish, and loss of consortium.

What are Examples of Economic Damages?

Economic damages are losses that have intrinsic monetary value. The two most common examples of economic damages sought in a personal injury case are medical expenses and lost wages.

When seeking medical expenses following a personal injury accident, you are entitled to reimbursement for procedures and services, including:

  • Doctor visits
  • Hospital stays
  • Emergency room treatment
  • Ambulance fees
  • Nursing services
  • Medication costs
  • MRIs, x-rays, and other scans
  • Surgery
  • Rehabilitation and physical therapy

To be awarded these damages you will have to demonstrate that the expenses are related to medical conditions resulting from the accident or injuries being addressed in your personal injury claim. You may also recoup future medical expenses provided your injuries will require ongoing treatment. The total amount of medical expenses is sometimes used to determine whether the overall award of damages is reasonable.

Lost wages represent the amount of money you would have earned from the time of an injury to the date of settlement. You can also recover loss of earning capacity if you have sustained a long-term disability and will be unable to make as much money as you did before your accident as well as damages for lost opportunities such as an interview or promotion you missed out on while you were recovering.

Aside from basic wage calculations (how much direct pay you lost), you are also able to claim:

  • Money that reflects a promotion or wage increase provided you were due for a wage increase or promotion while out of work.
  • Loss of commissions on sales.
  • Bonuses that you were paid in the past and were on track to receive prior to your injury.
  • Loss of fringe benefits.
  • Loss of pension benefits.

You can even recoup damages for the vacation or sick leave you used while recovering from your injury.

What Are Non-Economic Damages?

Non-economic damages are those that do not have a clear monetary value connected to them. As such, they can be difficult to quantify, and it can be even more difficult to demonstrate their determined value of the damages to a jury.

When seeking non-economic damages, you may pursue the following:

  • Pain and suffering – If you 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.

Are There Any Other Damages I Can Collect in My Personal Injury Case?

There is a final type of damage a jury may award you, provided your case meets a strict criteria. These are known as punitive damages.

Punitive damages are different from compensatory damages in that they are not meant to give a plaintiff back something that was lost. They are meant to punish the defendant for conduct that was especially reckless or malicious and demonstrate to society that the conduct displayed by the defendant will not be tolerated.

In order for punitive damages to be awarded, there must first be actual damages. Actual damages are thing s like medical bills, pain and suffering, mental anguish, and loss of wages. Without actual damages, punitive damages cannot occur.

Second, you must be able to demonstrate that the defendant acted with gross negligence. This means showing:

  1. That a reasonable person in the same situation as the defendant would have known that their behavior or conduct involved an extreme degree of risk.
  2. That the defendant knew of the risk but acted with disregard.

The most common example of gross negligence in an auto accident is when a person is injured or killed by a drunk driver. When a drunk driver gets behind the will, they have made a deliberate choice to ignore the obvious risk they could pose to others.

How Will an Experienced Injury Attorney Pursue My Claim?

In order to win your personal injury claim, your attorney will need to develop your case in a way that accurately demonstrates any economic and non-economic damages you have incurred. This will require legal expertise, financial resources, and a knowledgeable support staff.

Thomas J. Henry has the legal and financial resources necessary to properly develop and handle your case in the most effective and efficient way possible. Client satisfaction is paramount, and our attorneys make sure every client is treated with respect, is kept informed with the most up-to-date information on their case, and is made comfortable throughout the entire legal process as we work to secure the compensation they deserve.

We are constantly exploring and implementing new and innovative solutions in the areas of case management, client interaction, and information security. Through satellite technologies, live streaming, and jet services, our lawyers are accessible to clients from anywhere in the world. Can’t make it to one of our Texas law offices? No worries — our lawyers can come to you at your home, workplace, or hospital. Case files and information can also be accessed at the click of a mouse, allowing information to be expedited between our team and to other legal professionals.

In personal injury cases, it can be extremely important to retain expert witnesses with specialized knowledge on a subject related to the case. Thomas J. Henry has spent years finding the best expert witnesses across the United States. Our firm retains the most qualified experts for each individual case, from accident reconstruction experts to medical professionals. Every expert undergoes a rigorous and in-depth examination process before ever being involved in a client’s case.

Contact an Experienced Personal Injury Attorney

Thomas J. Henry Injury Attorneys is a personal injury law firm with offices in Corpus Christi, Texas, San Antonio, Texas, and Houston, Texas representing accident victims nationwide. Our priority is to provide our clients with the best legal representation. Our experienced trial attorneys are committed to defending your rights in personal injury matters including defective products, recalled drugs, child injuries, and auto accidents.

If you or someone you love has been injured in an accident, contact our offices immediately – we are available 24/7, nights and weekends.

Will I Have to Pay to Speak with an Attorney About My Texas Personal Injury Case?

If you have been injured due to the negligent or reckless behavior of another, it is essential that you contact an attorney to discuss your rights. However, seeking out an attorney can raise another series of questions, often including “How do I hire the right attorney” and “How much will it cost me to even speak to an attorney?”

The answer to the latter is heavily dependent on the attorney and how they choose to run their firm. At Thomas J. Henry, not only do we offer free consultations to discuss your legal options, we also offer a “No Fee Guarantee” which means you pay us nothing unless and until we win your case.

 How Do I Set Up a Free Consultation with an Attorney?

At Thomas J. Henry, we understand the days and months following a personal injury accident can be confusing and hectic, especially when faced alone. We want you to have the opportunity to discuss and understand your legal rights as soon as you accident occurs.

This is why we offer all injured individuals an opportunity to consult with an attorney at no cost.

To speak with an attorney, simply contact our office via phone or through on website’s contact form. The details of your accident and injury will be recorded and forwarded to an attorney for review. That attorney will explain to you what legal recourse you may have.

More than that, if you choose to have our firm represent you in your personal injury claim, your case will be handled on a contingency-fee bases. This means you will not owe us anything unless and until you case is successfully resolved.

What is a Contingency Fee?

In a contingency fee arrangement, an attorney agrees to accept a fixed percentage of your recovery as payment. This means that if you win your case, your attorney will collect their fees and expenses from the money awarded to you. However, if you lose your case, your attorney will collect nothing.

Most lawyers prefer not to work on contingency cases for two reasons:

  1. There is a risk the firm will be paid nothing
  2. Any payment is delayed until money is collected from the opposing party

Generally, a lawyer who accepts contingency fee cases:

  1. Regularly represents clients who lack the financial resources to pay hourly attorneys fees (as is often the case for personal injury victims).
  2. Is more selective about the cases they accept.
  3. Is very confident in their ability to win the cases they choose to handle.

Thomas J. Henry’s “No Fee Guarantee”

Since its founding in 1993, Thomas J. Henry has always operated on a contingency-fee basis. The owner of the firm, Thomas J. Henry, believes that working on a contingency-fee basis, also known as the “No Fee Guarantee”, is a critical component to building client trust.

“The No Fee Guarantee helps ensure my clients have faith in me as their attorney because I take on all the risk,” Thomas J. Henry stated. “I only take cases I believe I can win. I spend the money needed to develop the case and take it to trial.  My clients can have faith in me because I have their back.”

However, the No Fee Guarantee goes far beyond just establishing trust – it also 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 employee 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.

Contact an Experienced Personal Injury Attorney

At Thomas J. Henry, we focus on personal injury matters and achieving the maximum recovery for you and your family. Our firm has the resources to take care of you and your family during the legal process. Our lawyers are dedicated to each and every client and their unique case. Let us help you get the compensation you deserve for the injuries you have sustained. Contact our personal injury attorneys — available 24/7, nights and weekends — for a free legal consultation.

 

What Should I Do if the Insurance Company Offers Me a Check Right Away?

If an insurance company offers you a check right away, do not sign it. When an insurance company seems overly eager to settle a claim, it is because they are trying to limit their liability or they are trying to beat out future damages that have yet to be identified. As such, many checks will include release language benefiting the insurer.

Make Sure All Your Injuries Have Been Diagnosed and Treated Prior to Accepting Payment

Oftentimes, when you are injured in a personal injury accident, the full extent of your injuries may not be immediately evident. The pain and discomfort that you feel may not completely diminish and may even be symptoms of a larger issue that can limit your movement and ability to perform certain tasks or job duties. This is especially common in back and neck injuries.

When an insurance company rushes a settlement check, it could be because they think your claim may result in more damages that have not yet been identified. As the full extents of your injuries are diagnosed, you may find that future therapy and treatments will be necessary.

If you have accepted a settlement from an insurer, they may have successfully excluded themselves from future liability leaving you solely responsible for future medical expenses, such as:

  • Doctor visits
  • Specialist visits
  • Medication costs
  • MRIs
  • X-Rays
  • Surgery
  • Rehabilitation
  • Physical therapy

By contacting an experienced personal injury attorney, you can verify that a settlement offer is made with your best interests in mind. Additionally, your attorney will evaluate all of your medical bills to ensure the amount offered covers all relevant expenses and will communicate with your doctor so that all possible future expenses are properly reflected in your claim.

Make Sure the Insurance Company has Included All Economic Damages

When an insurance company attempts to settle a claim quickly, chances are they are not covering all of the economic damages you have sustained. If you’ve been involved in an auto accident, for example, the insurance company will likely address vehicle repairs and immediate medical expenses as they know these items are among your greatest concerns.

However, they may be skipping out on other essential damages, such as lost wages or loss of earning capacity. Even if they do include these damages, chances are they have not covered all areas of your income.

When you pursue wage related damages, you are entitled to all wages lost – not just those associated with your base salary.

Areas often overlooked by individuals attempting to settle with an insurance company include:

  • Loss of commissions on sales
  • Loss of fringe benefits
  • Loss of pension benefits
  • Money that reflects a promotion or wage increase provided you were due for a wage increase or promotion while out of work
  • Bonuses that you were paid in the past and were on track to receive prior to your injury
  • Sick leave and vacation you may have used while recovering from your injuries

A skilled personal injury attorney will work with your employer to identify all areas of lost income and will bring these to the attention of the insurance company.

Is the Insurer Covering Non-Economic Damages?

A final area of compensation that the insurance company may try to downplay is that of non-economic damages. These are damages that do not have immediate monetary values placed on them, like lost wages and medical bills do, and understanding how much these damages are actually worth can be near impossible for those without personal injury experience.

Most insurance companies use formulas to determine an extra amount to be added to your settlement as non-economic damages. This amount is normally a predetermined percentage of you economic damages.

This kind of approach does not address your unique damages and is most often added by the insurer to make it look as though they are going above and beyond in paying out your claim so you will not hire an attorney. Think of it as “hush money.”

Non-economic damages that should be considered include:

  • Pain and suffering
  • Mental anguish
  • Disfigurement
  • Deformation
  • Loss of consortium

Attorneys understand how non-economic damages work and how to assign value to these damages, allowing you to recover the financial compensation you truly deserve.

Contact an Experienced Personal Injury Attorney

Thomas J. Henry Injury Attorneys is a personal injury law firm with offices in Corpus Christi, Texas, San Antonio, Texas, and Houston, Texas representing accident victims nationwide. Our priority is to provide our clients with the best legal representation. Our experienced trial attorneys are committed to defending your rights in personal injury matters including defective products, recalled drugs, child injuries, and auto accidents.

If you or someone you love has been injured in an accident, contact our offices immediately – we are available 24/7, nights and weekends.

Will I Have to Go to Court for My Personal Injury Case?

Whether or not your case goes to trial is dependent on the facts of your case. While most personal injury cases settle without the plaintiff ever having to set foot in a court room, it is important that you and your attorney prepare your case as though it will be tried to verdict.

What Can I Expect When My Case Is First Filed?

The early stages of your case or some of the most crucial as the quality of evidence and the ability of witnesses to accurately recall details of your accident and injuries can diminish rapidly. This is why it is best to contact an attorney as soon as you can follow a personal injury accident.

As soon as you contact Thomas J. Henry, an attorney will begin taking the steps necessary to preserve and gather evidence for your claim. This may include gathering photographic evidence, taking witnesses statements, reviewing official reports, and even filing a temporary restraining order if your attorney feels any evidence is at risk of damage, destruction, or tampering.

Once your doctor believes your condition is stable, your attorney will begin assembling medical reports, records, and bills and begin calculating damages. If you missed work due to your injury, your attorney will seek out employment records in order to evaluate damages related to loss of wages and loss of earning potential.

The goal is to establish the facts of your case. Specifically, that your accident was the result of negligent behavior by the defendant, that the accident resulted in injuries or damages, and that the defendant should be held liable of those injuries and damages.

When Will My Attorney Enter into Settlement Negotiations?

Typically, true settlement negotiations will not begin until your attorney and the defense have both completed their pretrial investigations and had time to go through the discovery process.  Part of the discovery process may include your attorney and the defense soliciting written answers from the opposition, called interrogatories, and may even request sworn testimony be given under oath, known as a deposition.

Keep in mind, it is very rare for an insurance company to engage in serious settlement talks before the facts of the case can be acquired. If your case is particularly complex or involves a large commercial entity, the defense may decide to wait for your attorney to identify their expert witnesses before discussing potential settlement amounts.

In such a scenario, the defense is trying to gauge the risk of going to trial versus settling out of court. If an attorney has access to high-quality expert witnesses, the defense takes this as a sign that the attorney has the resources and experience to fight it out in trial and that a settlement may be the safer option.

In extreme cases, the defense will not engage in serious settlement negotiations until they have filed a motion for a summary judgment, often called a motion to dismiss. If the motion is granted, your case is over; however, if the motion is denied by the court, an experience attorney will be able to use the failed motion as leverage in subsequent negations.

If a Settlement is Not Reached, Does that Mean I Go to Trial?

If your attorney and the defense are unable to agree on a fair settlement or if the defense challenges liability in the case, then your case will go to trial. If your attorney has not prepared your case accordingly, your claim may be in jeopardy.

At Thomas J. Henry, we treat every case as though it will go to trial. This way, if trial becomes necessary, has already gathered the evidence and witness testimony to prove your claim before a jury or judge. It is important to understand that trials take time – as such, patience is key. While there is little that can be done to speed up the litigation process, there are ways to use this time to your advantage. While your case is pending, your attorney will coach you on court room procedures and how to handle questioning and cross-examination. They will also continue to review evidence for new opportunities to improve your claim to compensation.

Thomas J. Henry has been successfully trying cases against large companies for the past 30 years and has built a reputation by securing record-breaking jury verdicts. With a team of more than 100 attorneys ready to represent injured clients at a moment’s notice, we have the money and the resources to fight and win against even the largest trucking and insurance companies.

 

 

Who Can File a Texas Wrongful Death Claim?

When an individual is killed in an accident that is the result of negligence, the family of that individual has the right to pursue a legal action against the party responsible for the accident and death. This action may come in the form of a wrongful death claim, a survival action, or both. Who is able to file the suit is dependent on the action that is being pursued.

What is a Wrongful Death Claim?

A wrongful death claim is a claim in which a family seeks damages related to the loss of a loved one. The important thing to remember about wrongful death claims is that they are not actually filed on behalf of the deceased person; instead, they are filed on behalf of the individuals affected by the decedent’s death.

As such, the damages family members seek when filing a wrongful death claim are:

  • Loss of quality of life
  • Loss of love and emotional support
  • Loss of financial support
  • Loss of companionship
  • Loss of society

Who Can File a Wrongful Death Claim in Texas?

Texas law is very clear on who can and can’t file a wrongful death claims. Wrongful death beneficiaries are limited to three categories:

Other relatives, even those that may be considered immediate family like brothers and sisters, are barred from pursing wrongful death claims in Texas.

What Is a Survival Action?

A second option that may be available following the death of a loved one is a survival action. The name can be confusing as the claim is actually filed for a person who has passed away, but understanding the purpose of the claim also helps to explain its title.

When a survival claim is filed on behalf of a deceased person, the victim’s family is essentially asserting that:

  • The person died because of the defendant’s negligence.
  • This negligence caused pain and suffering to the person before they died.
  • Had the person survived, he or she would have been able to pursue legal action against the defendant to recover compensation for pain and suffering.
  • The defendant should not be able to avoid liability for pain and suffering just because the person died.
  • The pain and suffering damages should be paid to the deceased person’s estate.

Beyond pain and suffering damages, a survival claim can seek medical costs associated with medical procedures procured prior to the victim’s death as well as funeral and burial expenses.

Who Can File a Survival Action in Texas?

Because a survival action is seeking damages on behalf of the decedent’s estate, the claim must be filed by an estate representative or legal heir to the estate. When there is not a legal beneficiary to file a claim, relatives may pursue the action jointly.

When filing a survival action, your attorney may engage the services of a qualified probate attorney who will “open an estate” in order to ensure the claim is properly represented in court.

Can I File Both a Wrongful Death Claim and a Survival Action in Texas?

Because the two statutes represent two distinct actions, they may be consolidated into a single lawsuit depending of the circumstances of the death. This means that the lawsuit would seek survival action damages on behalf of the decedent and wrongful death damages on behalf of the decedent’s loved ones.

However, in order for either of the claims to be successful, it is essential that the family speak with an experienced wrongful death attorney. Consulting with an attorney will allow you to understand the full scope of your rights, any potential obstacles your case might face, and how best to pursue legal action against those responsible for your loved one’s death.

Contact an Experienced Wrongful Death Attorney

If you have lost a loved one due to the negligence of an individual, company, or other entity, contact Thomas J. Henry. Our experienced wrongful death attorneys are available 24/7, nights and weekends to talk with you and your family about your potential case. At Thomas J. Henry, we offer a free case review, and you don’t owe a thing unless we win your case. Our results speak loudly of our success in obtaining successful verdicts, settlements, and judgments for our clients. Let us help you and your family recover the compensation you deserve.

What Is Liability Insurance?

Liability insurance is a very broad term, especially in Texas. In its broadest sense, liability insurance covers the conduct of a person, persons, or a business following an incident resulting in injury or death and helps protect them from the risk of liabilities imposed by lawsuits or similar claims.

How Does Liability Insurance Work?

On its most basic level, liability insurance says that the liability insurer has three major duties:

  1. The duty to defend – The duty to defend most often provides that the insurer has the right and duty to defend the insured against all lawsuits and claims to which policies apply. For example, if a property owner has liability coverage applying to slip and fall accidents and a slip and fall claim is made against that property owner, it would trigger the insurer’s duty to defend against that claim.
  2. The duty to indemnify – An indemnity case arises when an individual is obliged to pay for losses or damages incurred by another individual or entity in an event or an accident, such as a car crash. The duty of indemnity means that the insurer must pay for all covered sums for which the insured is deemed responsible, up to the limits of coverage.
  3. The duty to settle a reasonably clear claim – This means that if a reasonable opportunity to settle a claim arises, either because the plaintiff has made a settlement offer or the insurer is aware of information to the effect that the plaintiff would accept an offer, the insurer is obliged to move on the settlement.

What Are Some Examples of Liability Insurance?

If there is a risk that an activity, industry, or property may result in the injury or death of a third-party, then there is most likely some form of liability insurance available. Common examples of this include:

  • Liability insurance for company vehicles
  • Liability insurance for store owners
  • Liability insurance for construction sites
  • Liability insurance for amusement parks
  • Liability insurance for apartment complexes
  • Liability insurance for 18 wheelers
  • Liability insurance for personally owned vehicles
  • Liability insurance for product manufacturers

How Does Liability Insurance Affect My Personal Injury Claim?

The reason liability insurance is an important topic in personal injury law is that, in most cases, the liability insurer will be the entity that pays for the damages awarded in your claim. Think of getting car repairs following a collision. If you are rear-ended by an insured driver, the driver isn’t the one paying for your repairs. Rather, the insurer takes on the duty of paying for your repairs up to the point allotted by that driver’s policy.

Liability insurance does the same thing for personal injury. If you are rear-ended by an 18-wheeler, neither the truck driver nor the company will be footing the bill. Instead, the company that insures the trucking company will payout your claim.

Good liability insurance benefits you as a plaintiff as you can be relatively certain that the insurer will have the financial resources necessary to pay your settlement or financial award, even if the trucking company is not doing well economically.

Can Dealing with a Liability Insurance Company Be a Bad Thing?

Liability insurance can be a bad thing provided you do not have an experienced personal injury attorney to help you with your claim. Just as a liability insurer has the financial resources to settle and pay out your claim, they also have the financial resources to hire legal experts to challenge your claim.

At Thomas J. Henry, we have the financial and legal resources to level the playing field. We have the money to fight the long fight, and we have a team of attorneys that can go up against those employed by even the largest insurance companies.

Thomas J. Henry Personal Injury Attorneys

Thomas J. Henry Injury Attorneys is a personal injury law firm with offices in Corpus Christi, Texas, San Antonio, Texas and Houston, Texas representing accident victims nationwide. Our priority is to provide our clients with the best legal representation. Our experienced trial attorneys are committed to defending your rights in personal injury matters including defective products, recalled drugs, child injuries, and auto accidents.

If you or someone you love has been injured in an accident, contact our offices immediately – we are available 24/7, nights and weekends.

Will I Need Expert Witnesses for My Texas Wrongful Death Claim?

Wrongful death cases tend to deal with damages that are not tangible, such as lost of society, loss of companionship, and loss of love. Because of this, it is important that you have expert witnesses who can accurately relay the extent of the non-physical damages you have suffered to a jury while demonstrating the death of your loved one was the result of negligence or reckless behavior.

What Is an Expert Witness and How Can They Help My Claim?

Expert witnesses, also called judicial experts, are additional witnesses who by virtue of education, training, skill, or experience are considered to have expertise and specialized knowledge that is beyond what an average person would have.

In the court room, they are recognized as having an expert opinion that carries considerable weight and may also deliver expert evidence using facts from the field of their expertise. Opinions offered by expert witnesses can be used to demonstrate negligence in an accident as well as assess damages and costs sustained by the plaintiff.

Because experts and fields of expertise are highly specialized and compartmentalized, it is vital that your attorney has access to the right expert for your case. At Thomas J. Henry, we secure the best expert witnesses for your case. Each expert witness we engage has been thoroughly examined and questioned before ever participating in your case. In utilizing expert witnesses, it is vital that you research each and every person before employing them for your case. We have spent a tremendous amount of time in selecting our experts and only use the best in the nation for our clients.

What Kinds of Damages Can an Expert Witness Help Prove?

In Texas, when a death claim is filed, the spouse, child, or parent of the decedent is the plaintiff and that family member is seeking damages caused by the loss of their loved one.

Damages often cited in a wrongful death claim include:

  • Loss of quality of life
  • Loss of love and emotional support
  • Loss of financial support
  • Loss of companionship
  • Loss of society

Because many of these damages are considered “non-economic”, calculating their financial value and demonstrating that value to a jury can be difficult. This is where an expert witness can prove invaluable. Having a specialist who is able to break down the toll that grief, guilt, and anguish can take on a person who has lost their spouse, child, or parent can help a jury understand that your pain is real and that you are entitled to relief.

What Kind of Experts Will Be Used in My Wrongful Death Case?

Depending on the circumstances leading up to your loved ones death, your attorney may call multiple expert witnesses. For example, if your loved one was killed on the job your attorney may consult with workplace safety compliance experts, OSHA consultants, and industrial engineers. If the death of your loved one was the result of a trucking accident, expert witnesses could include FMCSA compliance consultants, forensic engineers, and accident re-constructionists.

When it comes to proving your damages, expert witnesses often include psychologists, psychiatrists, grief counselors, and forensic accountants.

Contact an Experienced Wrongful Death Attorney

If you have lost a loved one due to the negligence of an individual, company, or other entity, contact Thomas J. Henry. Our experienced wrongful death attorneys are available 24/7, nights and weekends to talk with you and your family about your potential case. At Thomas J. Henry, we offer a free case review, and you don’t owe a thing unless we win your case. Our results speak loudly of our success in obtaining successful verdicts, settlements, and judgments for our clients. Let us help you and your family recover the compensation you deserve.

 

What If I Cannot Afford My Medical Bills After I Was Injured by Another Person?

When you are injured in an accident, the medical bills that follow can seem crippling. It is important to remember that if your injuries were caused by the negligent or reckless behavior of another, you are entitled to compensation for the medical bills that have accumulated.

Am I At Risk of Not Getting the Medical Treatment I Need?

In Texas, when dealing with injuries resulting from an accident, it is not unusual for healthcare providers in a community to provide that healthcare based on the future of your case. With that, healthcare providers and even specialists will provide the treatment you need and provide the bills for those procedures to you so you can apply those bills towards your litigation.

When consulting with your attorney, do not be afraid to address any financial concerns you may have. Your attorney is there to help you on your road to recovery, both financial and physical. They can help you get the medical care you need and may be able to refer you to a doctor or specialist who is familiar with the injuries you sustained.

What Kinds of Medical Bills Can I Recover?

Any medical expenses associated with the diagnosis and treatment of your injuries can be sought as part of your personal injury claim as well as expenses related to your long-term recovery and any physical therapy that is needed.

Some typical examples of this include:

  • Hospital bills
  • Laboratory fees
  • Surgery costs
  • Therapy and rehabilitation expenses
  • Costs of prescription medicines
  • Pain and suffering management

It is essential that you attend all medical appointments and therapy sessions as failure to attend these appointments may result in the defense challenging the validity of your injuries, possible lowering the damages awarded.

How Do I Prove My Medical Expenses?

Medical bills are complicated and proving your expenses will often require the help of medical experts and legal professionals. This is why it is so important that you seek the help of an experienced personal injury attorney.

Your attorney will make sure you injuries and medical expenses are thoroughly documented and that your damages are calculated and account for all future problems before submitting a request for compensation.

Your attorney will also consult with industry experts, both in the medical field and investigative field, to prove that your injuries are in fact the result of your accident.

Among the experts who may be hired for your personal injury case are:

  • Medical Doctors and Physicians
  • Biomechanical Engineers
  • Forensic Experts
  • Accident re-constructionists
  • Health care administrators
  • Wound care specialists
  • Reconstructive surgeons

Contact an Experienced Personal Injury Attorney

Thomas J. Henry Injury Attorneys is a personal injury law firm with offices in Corpus Christi, Texas, San Antonio, Texas and Houston, Texas representing accident victims nationwide. Our priority is to provide our clients with the best legal representation. Our experienced trial attorneys are committed to defending your rights in personal injury matters including defective products, recalled drugs, child injuries, and auto accidents.

If you or someone you love has been injured in an accident, contact our offices immediately – we are available 24/7, nights and weekends.

 

What is the Statute of Limitations for Filing a Wrongful Death Claim in Texas?

A statute of limitations is a law which sets a maximum amount of time parties have to initiate legal proceedings from the date the offense occurred. In personal injury law, this essentially is a time limit you have to file your personal injury claim.

While you may think you have a longtime to file a claim that deals with a tragedy as great as a wrongful death, the statute of limitations for filing such a claim is actually based on the precipitating event and not on the damages that occurred (i.e. the death of a loved one). That is why it is so important to contact an attorney as soon as an accident resulting in death occurs.

How Long Do I Have to File My Claim?

As mentioned, the statute of limitations is actually based on the event that caused the death and not the damages. In a car accident, for example, the statute of limitations would be two-years, regardless whether or not the accident resulted in death.

This two-year limit is typical for personal injury accidents that result in death in Texas, and the statute of limitations applies to both lawsuits filed on behalf of the deceased (a survival action) and lawsuits filed on behalf of the loved ones of the decedent (a wrongful death claim).

Who Can File a Wrongful Death Claim in Texas?

In Texas, a wrongful death claim can only be filed by spouses, children, and parents of the deceased. When a wrongful death claim is filed, the spouse, child, or parent is seeking damages caused by the loss of their loved one.

Damages often cited in a wrongful death claim include:

  • Loss of quality of life
  • Loss of love and emotional support
  • Loss of financial support
  • Loss of companionship
  • Loss of society

Following a fatal accident, family members may also be able to pursue a survival claim. The name can be confusing at first as the claim is actually filed for a person who has passed away, but understanding the purpose of the claim also helps to explain its title.

When a survival claim is filed on behalf of a deceased person, the victim’s family is essentially asserting that:

  • The person died because of the defendant’s negligence.
  • This negligence caused pain and suffering to the person before they died.
  • Had the person survived, he or she would have been able to pursue legal action against the defendant to recover compensation for pain and suffering.
  • The defendant should not be able to avoid liability for pain and suffering just because the person died.
  • The pain and suffering damages should be paid to the deceased person’s estate.

In addition, a survival claim can also seek damages for medical costs associated with hospital stays and medical procedures procured prior to the victim’s death as well as funeral and burial expenses.

Under Texas law, a deceased person’s legal heir or estate representative can bring a survival action. In instances where there is no legal beneficiary to file a claim, relatives may pursue the action jointly.

Contact an Experienced Wrongful Death Attorney

If you have lost a loved one due to the negligence of an individual, company, or other entity, contact Thomas J. Henry. Our experienced wrongful death attorneys are available 24/7, nights and weekends to talk with you and your family about your potential case. At Thomas J. Henry, we offer a free case review, and you don’t owe a thing unless we win your case. Our results speak loudly of our success in obtaining successful verdicts, settlements, and judgments for our clients. Let us help you and your family recover the compensation you deserve.

What Are Subrogation Rights?

Subrogation rights essentially allow healthcare providers and workers’ compensation carriers to recover some of the money they have expended on your behalf while your claim was pending. Whether they are entitled to the money they wish to have reimbursed is a case-by-case issue and some companies may seek subrogation that they are not entitled to. If you are being asked to reimburse subrogation, contact an attorney immediately.

How does a Subrogation Action Work?

Generally, when you are injured in an accident, your health insurer will pay for the costs of treating your injuries and any emergency attention you receive. However, once done, your insurer may contact you to further discuss how your injuries occurred and determine if some other entity is responsible for your injuries and can thereby relieve some of their financial responsibility.

They may then attempt to recover some of their expenses by collecting a portion of your settlement or judgment.

In most cases, if you singed an insurance agreement or started using your insurance coverage, you probably also signed a contract allowing your insurance company to seek repayment form you for the bills from an at fault third party. That is subrogation.

How Much Can My Settlement is Subject to Subrogation?

In instances of subrogation, it is important to remember that the insurer can only collect the actual amount they would have paid for your injuries. It is not uncommon for healthcare providers to charge higher fees than what would actually be accepted by an insurer.

Think of past insurance claims. You may have had a procedure for which the cost listed was $3,000; however, the amount paid by the insurer after negotiations was only $2,000. In a case of subrogation, your insurer would only be able to pursue a $2,000 reimbursement.

Can a Lawyer Help Me with a Subrogation Action?

Having an experienced attorney is essential when dealing with a subrogation action. Not only can your attorney help you calculate what an insurer would have paid for a procedure, they can also help negotiate a reduced amount to be reimbursed back to the insurer.

Further, if an insurance company seeks reimbursement which they are not entitled to, your attorney will have the resources and knowledge to challenge their claim for compensation.

Thomas J. Henry Personal Injury Attorneys

Thomas J. Henry Injury Attorneys is a personal injury law firm with offices in Corpus Christi, Texas, San Antonio, Texas and Houston, Texas representing accident victims nationwide. Our priority is to provide our clients with the best legal representation. Our experienced trial attorneys are committed to defending your rights in personal injury matters including defective products, recalled drugs, child injuries, and auto accidents.

If you or someone you love has been injured in an accident, contact our offices immediately – we are available 24/7, nights and weekends.

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