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Help & Information

We have straight answers to difficult questions to help you navigate legal process and secure financial compensation.

At Thomas J. Henry Law, we want to ensure all injured victims are informed and knowledgeable about their rights. The legal process can be complicated, confusing, and overwhelming, especially when you are also dealing with the aftermath of an accident or injury.

Thomas J. Henry Law has prepared the following Infographics, FAQs, Videos, and Personal Injury Legal Guides to assist you on your road to recovery. If you wish to speak directly with an attorney, contact our offices now for a FREE Case Consultation – we are available 24/7, nights and weekends.

Your Questions Answered



Featured FAQs

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.


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Do I Need a Personal Injury Attorney Help Me Settle My Case?

Thomas J. Henry Law offers free case reviews so that you can better understand your legal options. This means you pay nothing for your first consultation. Additionally, Thomas J. Henry Law works on a contingency fee basis meaning that if you do choose to hire us, you pay us nothing unless and until we win your case.

To learn more about what it takes to speak with an injury attorney about your claim here.


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Do I Have to Pay to Speak with an Injury Attorney?

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 when 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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How Much Does it Cost to Hire a Personal Injury Attorney?

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:

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

Generally, a lawyer who accepts contingency fee cases:

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

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.

Learn more about how to estimate the value of your personal injury claim here.


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How Much Is My Personal Injury Case Worth?

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.


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What Can I Recover I Win My Personal Injury Case?

All FAQs

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.


Play Button Red
Do I Need a Personal Injury Attorney Help Me Settle My Case?

Thomas J. Henry Law offers free case reviews so that you can better understand your legal options. This means you pay nothing for your first consultation. Additionally, Thomas J. Henry Law works on a contingency fee basis meaning that if you do choose to hire us, you pay us nothing unless and until we win your case.

To learn more about what it takes to speak with an injury attorney about your claim here.


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Do I Have to Pay to Speak with an Injury Attorney?

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 when 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.


Play Button Red
How Much Does it Cost to Hire a Personal Injury Attorney?

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:

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

Generally, a lawyer who accepts contingency fee cases:

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

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.

Learn more about how to estimate the value of your personal injury claim here.


Play Button Red
How Much Is My Personal Injury Case Worth?

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.


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What Can I Recover I Win My Personal Injury Case?

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.

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.

In Texas, there is no set formula for determining the damages owed in a personal injury lawsuit. Rather, the amount awarded to a plaintiff is determined by the jury. This is why it is important you have an experienced attorney with the resources and knowledge to accurately quantify and explain the extent of your injuries.


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How Are Damages Calculated in a Texas Personal Injury Case?

Economic damages are losses that have an 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

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.

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What are Economic Damages?

In Texas, pain and suffering is a type of damage available in a personal injury claim, such as in an auto accident case. Pain and suffering addresses the physical and mental trauma that a person experienced in an accident, in the aftermath of the accident, and during any medical procedures that were needed as a result. In many auto accident cases, establishing significant pain and suffering is one of the most important pieces of a personal injury claim or lawsuit.

Catastrophic injuries, including traumatic brain injuries and spinal cord injuries, cause tremendous pain and suffering. Auto accidents oftentimes leave victims with severe, long-lasting, and debilitating physical injuries that can also lead to mental and emotional injuries. In these cases, pain and suffering (physically and mentally) is often easy to recognize. However, the amount awarded for pain and suffering is ultimately left up to a jury’s decision.

In order to successfully show the extent of an injured victim’s pain and suffering, it is imperative to have thorough and exhaustive documentation of medical treatments and therapies from physicians, surgeons, nurses, and psychologists. An experienced personal injury attorney can assist you with this process and also help with presenting your case clearly and convincingly before a jury.


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What Constitutes Pain and Suffering in a Texas Personal Injury Case?

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 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.

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What are Non-Economic Damages?

Punitive damages are exemplary damages that exceed simple compensation for the client and are awarded to punish the defendant.

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.

Learn more about punitive damages at our blog.


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What are Punitive Damages?

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 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.


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How Will an Experienced Injury Attorney Pursue My Claim?

Many people view contacting an attorney as a last resort – an action that should be taken if the insurer of the negligent party fails to offer fair compensation. This is an unfortunate misconception. While you are taking the “wait and see” approach, the insurance company has representatives and lawyers actively working to limit their financial liability.

Insurance companies do not have your best interest in mind. While they may seem cooperative while on the phone, behind the scenes they are doing everything they can to undermine your claim.

A common example of this is the “recorded statement.” The adjuster will claim that providing a recorded statement for reference will help them resolve your claim faster. What they won’t tell you is that they will compare the recorded statement to future conversations for inconsistencies, nor will they tell you that the recorded statement you are providing can be used against you in court.

Providing a recorded statement without consulting with an attorney can often result in:

Unintentional inconsistencies – Accidents that result in injury are hectic and disorienting. As time moves on, you will likely remember less and less about the events leading up to and following an accident. When an insurance company goes back to compare all the statements you made over a period of weeks or months, they will claim that any inconsistencies were attempts by you to mislead the company and label them as lies before a judge or a jury.

Exposure to trick questions – Representatives often ask trick questions or word their inquiries in a way meant to trick or trap you. You may even be pressured into agreeing to facts that are not completely accurate just to get the representative off your back. Even an aggravated response of “I don’t know, maybe” or “I guess” can come back to haunt you later.

Exposure to leading statements – Even a statement that seems innocent on its surface can damage your claim depending on your response. For example, by giving a positive response to statements like “I hope your back is starting to feel a bit better” or “Wow, it’s a miracle you weren’t more seriously injured”, you could be tricked into understating the severity of your injuries.

Failure to report undiagnosed injuries – Most doctors agree that the full extent of any injuries suffered in an accident may not be evident until several days after the accident has occurred. If a claims adjuster contacts you within 24 hours of an accident and asks about your injuries, chances are you will not be able to provide a complete list of injuries. This will not stop the insurance company from questioning and attempting to dismiss any injuries that became symptomatic after that initial recorded statement was made.

Provide material for cross-examination – By the time deposition or trial occurs, chances are the defense counsel will have reviewed your recorded statements dozens of times. They will craft questions for cross-examination with the understanding that you likely don’t remember everything you said or agreed to in that recorded statement. And when you misremember or contradict yourself in a moment of confusion, they will try to claim your misstatement proves your testimony is not credible.


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What Do I Risk by Waiting to Contact 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 your 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 our 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 your case is successfully resolved.


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