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
How Does the “No Win No Fee” Promise Work?
The Thomas J. Henry “No Win No Fee” promise works as part of a contingency fee agreement. Instead of receiving payments from clients, we recoup fees and expenses from the final settlement or verdict our clients receive.
This allows us to start working on your case as soon as you hire us, ensuring that your case is handled with the urgency it deserves. It also means you can focus on getting better rather than cutting us a check.
The percentage we collect may vary depending on the complexity of your case, but you will be kept informed so you know what we are collecting before your case is closed.
Even better, you owe us nothing if we don’t win your case! Because our fees are collected as a percentage of your settlement or verdict, we do not collect anything unless and until you get your recovery. This means there is no risk to hiring a qualified attorney to handle your case!
Do I Have to Pay to Speak with an Injury Attorney?
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.
Do I Need a Personal Injury Attorney Help Me Settle My Case?
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.
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:
- 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 attorney’s 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.
How Much Does it Cost to Hire a Personal 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 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.
How Much 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.
Learn more about how to estimate the value of your personal injury claim here.
How can an Expert Witness Help in My Workplace Injury Lawsuit?
Not only are experts essential in finding and retaining evidence at the scene, they can also provide expert analysis of their findings and expert testimony during trial and arbitration.
Thomas J. Henry has spent years finding and building professional relationships with the best expert witnesses from all across the country. Expert witnesses that could benefit your workplace injury lawsuit include:
- Workplace Safety Compliance Experts
- OSHA Consultants
- Hazardous Chemicals Experts
- Ladder Experts
- Process Safety Management Experts
- Occupational and Environmental Health Experts
- Safety Equipment Experts
- Industrial Engineers
- Industrial Accident Re-constructionist
Are Scaffolding and Fall Injuries Common?
Roughly 4,836 worker deaths and 2.9 million non-fatal workplace injuries and illnesses are recorded in the United States every year. Among the most common causes of death and injury in the workplace are falls, slips, and trips.
The Occupational Safety and Health Administration (OSHA) estimates that falls, slips and trips result in 16.5% of all recorded fatal workplace injuries. This makes falls the second most common cause of death in the workplace, exceeded only by transportation accidents.
Additionally, fall protection and Scaffolding are consistently among the top three most frequently cited standards by Federal OSHA.
What If I’m Already Receiving Workers’ Compensation? Can I Still Seek Additional Damages?
Workers’ compensation is a benefits program employers provide to workers to pay for hospital and medical expenses associated with on the job injuries. Workers’ compensation also provides disability payments while an employee is unable to work. Workers’ compensation covers most injuries, even those caused by the employee’s own negligence, but there or instances in which a workers’ compensation claim can be denied. These include:
- Self-inflicted injuries
- Injuries suffered while an employee is committing a crime
- Injuries sustained by an employee while not on a job
- Injuries suffered by an employee acting in a manner that violates company policy
While workers’ compensation typically precludes an employee from filing a personal injury lawsuit, Texas law does allow the employee to sue any other parties involved in the accident. In the instance of a scaffolding-related injury, this can include manufacturers of potentially defective products, a co-worker who committed a negligent or reckless act, or a non-employee who contributed to your injuries.
I Fell From a Scaffolding While on the Job. Can I Sue?
If you fell from scaffolding while on the job, depending on the circumstances under which your accident occurred and whether or not your employer offers worker’s compensation, you may be able to sue your employer or a third party who was involved in your accident.
How Will My Attorney Establish Negligence in My Texas Construction Accident Case?
When working to determine whether negligence resulted in your accident and injuries, your attorney will often apply what is commonly called the “but-for” test. In a statement, that would be “but for the actions of the defendant, my client would not have suffered his injuries.”
If the statement is true, your attorney will have established cause-in-fact or “actual cause.” This is then strengthened through investigation, the gathering of evidence, and interviewing witnesses. Your attorney may also incorporate the help of expert witnesses to help prove negligence and discover if the actions of the defendant violated federal or state regulations.
Expert witnesses often used in Texas construction accident cases include:
- OSHA consultants
- Accident reconstructionists
- Welding experts
- Confined space permit experts
- Engineering experts
- Safety equipment experts
- Occupational and environmental health experts
- Hazardous chemical experts
- Process safety management experts
These experts can provide detailed information about a construction accident. Because of the experts Thomas J. Henry uses, we can bring in information that many other law firms lack. We use a multitude of expert witnesses, putting you in the best position possible to achieve the compensation they deserve.
What Is Negligence and How Does it Affect My Texas Construction Accident Case?
The Legal Information Institute defines negligence as a failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. While the behavior in question usually consists of actions, it can also consist of omissions when there is some duty to act.
When attempting to ascertain whether a person’s conduct or behavior lacked reasonable care, lawyers will consider the four elements that are required to establish a prima facie case (a legally required rebuttable presumption). The elements are:
- The existence of a legal duty that the defendant owed to the plaintiff
- The defendant’s breach of that duty
- The plaintiff’s sufferance of an injury
- Proof that the defendant’s breach caused the plaintiff’s injury
When it comes to a construction site, your employer, contractor, and co-workers owe you a general duty of care and must conduct themselves reasonably and prudently. This duty of care can also extend to the owners of the property that is under construction, any transportation companies responsible for transporting materials to the site, as well as the manufacturers of machinery and products being used in the construction project.
If any of these parties acted in a way that contributed to your injuries, you may have a negligence case.