REPRESENTING VICTIMS WITH CATASTROPHIC INJURIES
Catastrophic injuries are characterized by long-term or permanent disability or disfigurements. Although there is no exact definition, catastrophic injuries generally describe injuries that may require several surgeries, a lengthy rehabilitation process, and life-long care. Individuals suffering from a catastrophic injury are usually unable to return to their previous occupation or job. Oftentimes, severe and catastrophic injuries are due to an accident caused by a negligent individual or company. Whens someone’s negligent actions cause you harm, you may be entitled to compensation.
Thomas J. Henry has over two decades of experience representing injured clients from across the United States. We are committed to our client’s satisfaction and well-being, and maximizing their recovery after a severe injury is paramount. Our personal injury practice has a proven track record of achieving record-breaking verdicts, settlements, and judgments for victims of all types of negligently caused accidents.
If you have suffered from a life-altering injury, contact us immediately to speak with our team of experienced personal injury attorneys.
WHY HIRE THOMAS J. HENRY INJURY ATTORNEYS?
- Free case evaluation
- Our attorneys available for you 24/7, nights and weekends
- You don’t pay unless we win your case
- Largest personal injury firm in Texas
- More than 100 lawyers working for you
TYPES OF CATASTROPHIC INJURIES
- Severe burns
- Severe eye injuries
- Dismemberment or amputation (loss of limb)
- Head and neck injuries
- Spinal cord injuries (tetraplegia and paraplegia)
- Traumatic brain injuries (TBIs)
- Neurological damage
- Chronic or terminal medical conditions
- Wrongful death
If an injury has drastically altered your quality of life, you have suffered a catastrophic injury. If you are no longer able to work and your prospects of working in the future have been taken from you, you have suffered a catastrophic injury. Our catastrophic injury lawyers have experience quantifying your damages and will pursue every available option to get you the compensation you need and deserve.
ACCIDENTS THAT CAUSE CATASTROPHIC INJURIES
Thomas J. Henry Injury Attorneys handles a multitude of different accident claims, representing clients injured in a wide variety of accidents.
- Automobile accidents
- Drunk driving accidents
- Distracted driving accidents
- 18-wheeler accidents
- On-the-job accidents
- Construction site accidents
- Oilfield accidents
- Refinery accidents
- Medical malpractice
- Defective products
- Dangerous pharmaceutical drugs
- Recalled vehicles
- Exposure to toxic chemicals
- Company vehicle accidents
- School or passenger bus accidents
- Garbage truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Premises liability accidents
- Slip and fall accidents
- Swimming pool accidents
- Beauty salon accidents
- Aviation accidents
- Maritime accidents
- Cruise ship accidents
- Nursing home neglect
STEPS TO TAKE AFTER SUFFERING A SERIOUS INJURY
We understand how disorienting and difficult it can be after being involved in an accident. There may be injuries — physical, emotional, psychological — that result from the accident. As an accident victim, you have rights that need to be protected. Following these steps may help the success of your potential personal injury case.
- Seek medical attention immediately for your injuries
- If you, a family member, or friend were hurt in an accident, get medical help first. Your well-being and health is paramount over anything else at this time. Be aware that some injuries are not apparent immediately after the accident and may become obvious days, weeks, or months later.
- Contact the police and file a report
- Be sure to be as accurate as possible when describing the accident to the police. Do not make assumptions or speculations regarding facts surrounding the accident and your injuries.
- Gather contact information from witnesses
- Collect the names, addresses, and phone numbers of any people involved in the accident, including witnesses. In some accident cases, such as automobile and trucking accidents, you should get the insurance information of all parties involved.
- Record facts and take pictures
- Document the accident by taking pictures of the scene, factors that contributed to the accident, and your injuries. We know how negligent companies, drivers, and property owners operate, and acquiring evidence from the scene can be crucial in your injury lawsuit.
- Contact an experienced accident lawyer
- At Thomas J. Henry, our team of experienced injury attorneys will assist you every step of the way. Protecting the rights of our injured clients is important to us. We will take immediate action on your case to preserve evidence, examine the existing case law, and find the best expert witnesses in the country on your behalf. We will put you in the best position possible to achieve the compensation you deserve.
WHAT ARE PERSONAL INJURY DAMAGES?
In a personal injury lawsuit, you can seek to receive monetary damages from the negligent or liable party. The most common damages awarded are compensatory damages and punitive damages.
Compensatory damages are awarded to make up for financial and physical losses. Each case is unique and the damages can differ. Here are examples of compensatory damages that could be awarded in a personal injury case:
- Pain and suffering
- Lost wages
- Lost future earning potential
- Medical costs
- Loss of enjoyment of life
- Property damage
- Emotional distress
- Loss of consortium
When a party is found egregiously negligent, punitive damages may be awarded to the injured victim in addition to the compensatory damages. These damages are awarded to punish the defendant rather than compensate for financial losses or injuries sustained in the accident. Punitive damages are determined by statute or existing case law and have a cap depending on the state.
THE LEGAL AND FINANCIAL RESOURCES YOU NEED TO WIN YOUR ACCIDENT LAWSUIT
Thomas J. Henry employs state-of-the-art technologies and experts in every personal injury case. From the first day we meet with a client until the day the case is resolved, our team of accident attorneys will handle the case efficiently and effectively.
At Thomas J. Henry, we are constantly applying innovative solutions to case management, client interaction, and information security. We will take every opportunity and explore every avenue to ensure that our clients are receiving the most up-to-date information possible regarding their case. With the click of a mouse, our attorneys can access your case files from anywhere in the country remotely, helping to facilitate a strong relationship between client and attorney throughout the process of the case. At the same time, we maintain stringent security standards and ensure your information remains confidential and protected.
With jet services, satellite technology, and advanced mobile technology, our injury attorneys are available at a moment’s notice from anywhere in the world. No matter where you live in the United States, you can contact our lawyers at any time. It is this kind of dynamic representation that we believe leads to building a strong case and ultimately achieving the compensation you or your loved one deserves.
RETAINING EXPERT WITNESSES FOR YOUR INJURY CASE
Thomas J. Henry retains the best expert witnesses from across the country in every personal injury lawsuit. Expert witnesses are brought in to provide expert reports and testimony for judges, attorneys, and insurance companies in trials and arbitration. Only the best, most qualified experts are retained in your case. These experts undergo questioning and examination before ever being retained. Finding the right expert can be crucial in the success of your case.
Our experienced team of injury lawyers determine which experts to retain depending on the type of injury and accident that occurred. Experts that may be retained in a catastrophic injury case include:
- Accident investigation experts
- Healthcare professionals, including physicians, surgeons, physical therapists, and nurses
- Automotive forensic consultants
- General equipment technical expert
- Forensic examiners
- Accident reconstruction experts
- Structural engineers
- Maritime safety consultants
- Occupational and environmental health experts
- Failure analysis experts
In order to put our injured clients in the best position possible to recovering the damages they deserve, Thomas J. Henry retains an array of experts from as many different specialty fields as is necessary.
CONTACT AN EXPERIENCED PERSONAL INJURY ATTORNEY
If you or a loved one have been severely injured in an accident due to someone else’s negligence, contact Thomas J. Henry. Our experienced injury lawyers are available 24/7, nights and weekends to evaluate you claim. Catastrophic and serious injuries can cause you immense pain, put you out of work, and cause you financial harm. We can help you get back on your feet by advancing you court costs and medical costs.
At Thomas J. Henry, it is important to us that our clients are comfortable throughout the legal process. Backed by extensive legal and financial resources, let our experienced attorneys fight tirelessly on your behalf to help you obtain the real results you deserve. Contact Thomas J. Henry today for a free case review.
THOMAS J. HENRY – 2016 TEXAS’ TOP RATED LAWYERSAwarded In 2016 to Thomas J. Henry by Legal Leaders (An ALM Company)
THOMAS J. HENRY – PREMIER LAW FIRM OF 2016Awarded In 2016 to Thomas J. Henry by Newsweek.com
Personal Injury FAQs
Do you have questions after suffering an injury due to someone else’s negligence? Check out the following FAQs. If you don’t find your answer below, contact us and speak with an experienced Texas personal injury attorney. We are available to take your call 24/7, nights and weekends.
- How much time do I have to file a personal injury claim?
The time limit placed on bringing a personal injury or wrongful death claim is called the “statute of limitations.” It is important to file a legal action within this period because if you don’t, you may forfeit your right to compensation for any damages suffered. In most cases, the statute of limitations is two years from the date of injury. The statutes of limitations vary from state to state, and they may differ depending on the type of claim.
- Can I hire a Texas lawyer if I live in another state?
Yes, you can hire a Texas lawyer if you live in another state. No matter where you live, it is important to find a lawyer who has the necessary legal resources, experienced staff, and dedication to help you obtain the best results for your case. It is also crucial that you find an attorney who has experience in your needed legal area. For example, you don’t want to hire a criminal defense attorney when you suffered injuries from an accident caused by someone else’s negligence. When it comes to your case, look for the type of lawyer who deals with the laws surrounding your situation.
- How much does it cost to speak with you about my situation?
We never charge for an initial consultation and for a review of the facts surrounding your case. Personal injury cases normally involve a contingency fee agreement- the client agrees to pay a specified percent of the recovery (which sometimes varies depending on whether a lawsuit settles early or the matter goes to trial or is appealed). If there is no recovery there is no fee, and the attorney normally absorbs any expenses which have been advanced on the case. Contact Thomas J. Henry to discuss your personal injury case for free.
- How soon after an accident should I get a lawyer?
Quickly. To be safe, you should talk to an attorney as soon as possible, especially if the injuries are severe or a death has resulted. All too often valuable evidence disappears, witnesses move, memories grow dim and the practical ability to prove your case may diminish. If you are still being treated by a physician, an attorney can also provide you with guidance concerning your medical care and help you deal with unpaid bills and getting needed treatment. Legal advice can also be useful if you have questions about the settlement value of a claim, your insurance policy’s terms, or suspect bad faith on the part of your insurance company. Contact Thomas J. Henry to discuss your personal injury case for free.
- Can I recover damages in a personal injury lawsuit if I am collecting workers' compensation?
Yes. If a third party other than your employer caused your injuries, you may bring a “third-party” lawsuit against them. The benefits available under Workers’ Compensation are limited by state statute and do not include many significant damages such as pain and suffering or emotional distress. A third-party claim may be your only way to be fully compensated for your damages. In the case of a construction accident, examples of a third party include contractors or sub-contractors, safety contractors, engineers, or architects. Our on the job accident lawyers are experienced in determining third-party liability and can help you determine if you have a viable claim.
- When the police arrive at the scene of the accident, is it okay for me to talk to them?
Yes, you should. Whether you are the victim or the cause of an automobile accident, limit yourself to discussing the facts. You should avoid taking blame for the accident or making accusations.
- Do I have to go to court if I file a personal injury claim?
Many personal injury claims are paid by insurance companies without going to court. You may talk to an attorney and come up with a compensation figure that all parties believe is fair, and the case is settled without having to enter the courtroom. Not all insurance companies will oppose every legal challenge filed against them; in some instances they may already be predisposed to a settlement under previous advice by actuaries.
- What damages am I entitled to recover?
This will depend largely on the type of case and the damages sustained. When clients come to us, they have suffered an injury and require medical treatment. Thus, past and future medical treatment is recoverable. In addition, all past and future lost wages can be recovered as well. General damages can be recoverable, which include pain and suffering, loss of enjoyment of life, emotional distress, and inconvenience associated with the injury. In some cases, our clients are entitled to ‘punitive damages’, or damages that are intended to punish the wrongdoer, when the wrongdoer’s actions were intentional, reckless, or especially egregious. In auto collision cases, our clients are also entitled to recover the damage to their vehicle, as well as the ‘loss of use’ of that vehicle for the time the client was without the use of the vehicle because it was damaged.
- I was injured through someone else’s carelessness. What should I do?
If you were injured through someone’s careless or negligent action, you may have a claim. It is important to consult with an attorney at Thomas J. Henry to determine if your injury was caused by the negligent actions of someone else. Be sure to see if there are any witnesses to the injury and document the incident with photographs. Also make sure to get contact information for the responsible party, as well as any witnesses. This information will help should you later present a claim for your injuries.
- What is the definition of “negligence?”
Negligence is the failure to use reasonable care to prevent harm to others. A person is negligent if he or she does something that a reasonably careful person would not do in the same situation or fails to do something that a reasonably careful person would do in the same situation. For more than 25 years, we have represented thousands of individuals who have been injured by the negligence of others in automobile accidents, slip/fall accidents, dog bites, accidents that occur on someone’s property, defective products, and medical malpractice. If you have been injured by another’s negligence, contact our office for a free, no-hassle consultation.
- What can I expect from my first consultation with a lawyer?
The main purpose of our initial meeting is for us to get a chance to meet one another and for us to obtain information about you and your case. Typically your initial consultation will last an hour or two. The initial consultation is completely free and there is no obligation It is a chance for you to meet with an experienced lawyer and discuss what happened to you, hear about different options available to you, and to ask questions. Contact us today to set up your completely free, no-obligation consultation. Learn more about how we determine whether you have a case.
- What can I do if I believe that my personal injury case was negligently handled by my lawyer?
You should gather all of the papers from your case and seek the advice of a lawyer. Similar to a medical malpractice case, you can pursue a claim for legal malpractice. In addition, if you were solicited illegally by a lawyer or someone hired by a lawyer after being injured in an accident, you may have been a victim of barratry. You may be entitled to a refund from the unethical lawyer and law firm that solicited your case.
- What is my personal injury claim worth?
Personal injury claims are usually resolved by either settlement or by a jury trial. When a case is settled, it is the client’s decision of whether to accept a settlement offer. The lawyer will advise the client as to the potential value of the claim. Lawyers evaluate the potential value of a claim by predicting what a jury would do based on experience with similar claims. A jury can consider all sorts of damages in a personal injury case including medical expenses in the past and in the future, loss of earnings in the past and in the future as a result of the injury, physical pain and mental anguish in the past and in the future, physical impairment—that is loss of use—in the past and future, and disfigurement in the past and future. The jury has discretion in awarding the sums. We can give you advice on the value of your claim based on our experience with some of our claims and similar jury results.
- How long will my case take to resolve?
Every case is different, and some cases take longer than others. On average a case takes 12 to 18 months from beginning to end. Although most cases do not go to court, if your case does go to trial, it is possible that the timetable will be much longer. The timeline also depends on the duration of your medical treatment. Total medical expenses for reimbursement can’t be determined until medical treatments are completed and patients are released from care. Since a case cannot be closed while medical expenses are still accruing this will directly impact how long your case is open. Other things can also delay a case, including insurance companies not cooperating, large hospital bills or medical liens that need to be negotiated, and/or clients moving without providing us their new addresses and phone numbers. Our firm will do everything we can to make sure your case is handled as quickly and carefully as possible.
- What is arbitration?
Arbitration is a legal proceeding, more informal than a trial setting, during which both sides in a dispute offer their testimony and evidence to a neutral party, called the arbitrator. This “referee” is often a retired judge or an attorney of long experience. After a hearing of both sides, the arbitrator decides upon an award, a certain amount of money, to be given to one of the two parties.
This arbitration can be either “binding” or non-binding, depending on what kind of arbitration it is. In the case of personal injury claims, there are generally two types of arbitration. The first is court-ordered mandatory arbitration in which the award is not binding (though it is important in settling the dispute). In this type of arbitration, either side can reject the arbitrator’s award. If this rejection occurs, the matter proceeds to jury trial where no reference can be made to the arbitrator’s award. In the case of binding arbitration, the award is final. The arbitrator’s award is usually paid very quickly after it is rendered. Other kinds of disputes can also be settled through arbitration, if the parties involved so agree.
- What cases go to trial?
Any case potentially has to be tried. That is why it is important for a plaintiff to always hire a trial attorney. The cases that end up going to trial are those in which the plaintiff and the defendant view the case so differently that they simply cannot resolve their differences in a settlement. The advantage to the plaintiff retaining a trial lawyer is that the plaintiff will not be forced to lower his or her settlement expectations because the plaintiff’s attorney is unable to effectively try the case. When this situation occurs, the plaintiff is stuck accepting the highest amount of money offered by the defendant or insurance company, even if it is less than the plaintiff expects or the value of the case.
- Who can file a wrongful death lawsuit?
A surviving spouse, child, or parent can file a wrongful death claim in the state of Texas. A claim can be filed against a person or entity when their wrongful, negligent, or reckless acts cause the death of another person. Our experienced wrongful death lawyers can help you through an incredibly difficult time and assist you with your claim.
- Who can file a personal injury claim?
Anyone who has suffered an injury due to the direct result of someone else’s negligent actions can file a personal injury claim.
- What should I do if the at-fault driver flees the scene?
Unfortunately, hit and run collisions leave many people injured every year. If you’re involved in such an accident, you should NOT try to follow or chase the other car. Instead, you should do the best to remember the following: license plate number, a description of the driver, and the color, make, and model of the car. Regardless of how much information you’re able to get, you should immediately call the police. It is crucial to make sure that a report is filed, as this will play an extremely important role in your claim. You can follow up and request a copy of this report later. It is also vital to seek immediate medical attention for any injuries you have suffered — your safety should be your top priority.
- What is an “MDL?”
“MDL” stands for “multi-district litigation.” When a great number of cases involving the same issues arise, those cases can be consolidated into an MDL. Consolidating cases into one federal court heard by one judge results in uniform treatment and results for all consumers and often saves substantial time and expense.
- What types of damages are available in a personal injury case?
Because every personal injury claim is unique, the types of damages that will be available depend on the specific facts and circumstances of your case. However, some of the types of damages that might be available in a personal injury cases include: medical expenses, pain and suffering, lost wages, property damage, loss of companionship or a spouse or guidance of a parent, diminished earning capacity, emotional distress, burial and funeral expenses (wrongful death), and punitive damages.
- How do I know if my loved one's death was a wrongful death?
Wrongful deaths are deaths caused by negligence, a wrongful act or recklessness. If a doctor didn’t follow procedures when treating your loved one in the hospital, for example, you may have a wrongful death claim. If someone was driving erratically and caused an accident leading to a loved one’s death, you may have a wrongful death claim. Contact our experienced wrongful death lawyers to find out whether you have a wrongful death claim.
- I'm injured and my mobility is limited. How can I meet with a lawyer?
If your injuries or your distance inhibit your ability to make it to our offices in San Antonio or Corpus Christi, we can come to you. At Thomas J. Henry, our experienced personal injury lawyers can visit you at your home, in the hospital, or at your workplace — wherever you reside. Contact us today to set up a free legal consultation.