LEARN ABOUT YOUR RIGHTS AS A VICTIM OF NEGLIGENCE
At Thomas J. Henry, we understand how difficult, disorienting, and confusing an accident can be — especially if you have sustained a serious injury. Shortly after suffering an injury, you may be looking for answers to your many questions. What do I do after my accident? Do I need to hire an injury attorney? How do I get compensated for my injuries?
It may seem like things are moving way too quickly in the aftermath of an accident, making it easy to feel overwhelmed about the whole ordeal. Remember this: as a victim of someone else’s negligence, you are entitled to compensation. As an injured victim, you have rights that deserve to be protected. This compilation of frequently asked questions is available to help injured victims find the answers they need*.
If your question hasn’t been answered here, we urge you to contact us to speak with our legal professionals. Our experienced personal injury attorneys are available 24/7, nights and weekends to answer your questions personally. Call us anytime for a free case review and find out how we can help you and your family get back on your feet after an injury.
*This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
- 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.
- What is a company vehicle?
A company vehicle is any car, van, truck, or other vehicle that is owned and operated by a company to be used by employees or agents of that company. These vehicles can be used to carry employees, transport passengers, and haul goods and equipment. Tractor-trailers, cement mixers, cars used for ridesharing services, and corporate automobiles are just a few of the many different types of company vehicles on the road. When the employees operating these vehicles cause a crash, the employer or company may be held liable for negligent hiring practices and supervision, failure to properly train their employees, and more.
- I feel fine. Should I still see a doctor after my automobile accident?
Definitely. Many times injuries sustained during an automobile accident are not recognized or noticeable until days or weeks after the accident. This means that even though you may feel fine now, you may be suffering from internal injuries. You should always seek medical attention after being involved in an auto accident. When you do see the doctor, make sure to mention any complaint you may have, no matter how minor. Don’t play medical expert and evaluate the importance of a symptom. If you did not cause the auto accident, the law allows you to seek and receive compensation for any medical bills you have incurred after the collision.
- How soon after an accident should I get a lawyer?
When you’re injured by another person or a company, you can contact an attorney immediately. It doesn’t mean you have to hire the attorney, but it may mean that you get some good information so that you can decide whether you do or don’t want an attorney to help you. The one thing you don’t want to do is start giving information and making decisions to the person that hurt you or to the company that hurt you, and not know the effect of what you’re doing, that’s why it’s so important to contact an attorney immediately. It doesn’t mean you need to hire him, but you might want to get some advice. If you feel that what’s happening to you as a result of that person hurting you or that company hurting you is not right, then hire that attorney. Right away, contact an attorney and get some good information so that you can protect yourself. Contact Thomas J. Henry to discuss your personal injury case for free.
- What do I do if I'm in a car accident?
If you are involved in an automobile accident, your first step is to call 911. Make sure law enforcement comes to the scene, and let the 911 operator know to send an ambulance if you or somebody else is injured. Be sure to collect the names, addresses, and phone numbers of any witnesses, or others involved in the accident. If you have a cellphone or camera, it is a good idea to take photographs to document skid marks, vehicle damage, road obstructions, and injuries. After the incident, you can contact an attorney.
- Who can I sue if I was hurt at a construction site?
If you are injured while working at a construction site, it is important that you and your legal counsel consider all of the potential defendants who may be liable for your injuries. These can include other subcontractors whose employees were negligent, the property owner, or the manufacturer and distributors of defective construction equipment and tools. Each case is different and it requires thorough investigation and careful review of the facts to identify the at-fault parties.
- What should I do after an industrial accident?
Immediately report your accident to your employer and get medical assistance. If you fail to report the accident — orally or in writing — it could adversely impact your right to recover compensation. You also have the right to choose your own doctor at the outset, and you should exercise that right to make sure you obtain the best treatment possible. Industrial employers and their insurance companies will look for ways to avoid liability. For instance, if you admit fault, they will seize on that information to try to deny or significantly reduce the amount of your claim.
- 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.
- What is premises liability?
Premises liability claims involve an injury on someone’s property due to an unsafe, defective, or dangerous condition. When a person suffers an injury on an unsafe property that the property owner negligent cared for, the injured party can file a premises liability claim to recover damages, including medical bills, pain and suffering, and lost wages. Property owners, landlords, and tenants can be held liable if they knew of a potentially dangerous condition on their property and failed to fix or remove the hazard that caused an invitee’s injuries. Slip and fall injuries are one of the most common types of premises liability cases. The experienced premises liability lawyers at Thomas J. Henry can help you determine the viability of a premises liability injury claim.
- Who is responsible for a dog bite injury?
Most of the time, the owner of the dog will be considered liable for the attack. Owners aware of the dog’s aggressive behavior or dangerous propensity may be held liable if a dog bite injury occurs. In addition, if a dog owner fails to secure the dog behind a fence or gate and allows the dog to run free, resulting in dog bite injuries, they could be held accountable for any injuries sustained.
- What is "negligent security?"
Commercial properties such as parking garages, parking lots, shopping malls, and office buildings are responsible for ensuring the safety of their visitors from criminal activity. A premises liability claim may be appropriate when a person is a victim of a criminal act due to a lack of security measures, such as proper lighting, security crews, fences, and security cameras. Owners of these properties can be held liable for injuries sustained in a criminal act on their grounds if they failed to provide safety from a foreseeable or predictable criminal act.
- What has to be proven in a premises liability claim?
In order to recover damages in a premises liability, the plaintiff must prove that there was a defect in the property that directly lead to injuries and that the defendant is the owner or occupier of the property and knew (or should have known) about the defect and did not fix the defect or warn the plaintiff about the dangers of the defect.
- I was injured due to unsafe premises at my apartment building. Can I sue my landlord?
Landlords can be held responsible for injuries that you receive inside your rental unit and in the common areas of the building if you can prove that the building was kept in a dangerous condition.
- I was injured at a friend's house. Do I have to file a lawsuit against them to receive compensation for my injuries?
If you were injured on a friend or family member’s property, you may be faced with a dilemma of whether or not to file a claim. It is important to remember that premises liability claims will be compensated through an insurance policy and not directly from the property owner. Filing a lawsuit against a friend may not result in your friend being hurt financially, but he or she may see an increase in insurance premiums. Sometimes civil litigation is the only way to get fair compensation for the injuries suffered. If you do not file a claim, you may have to spend out of pocket for medical expenses and take other losses.
- I had a slip and fall accident at a store's parking lot and was injured. Do I have a case?
You may have a premises liability case. Generally, an owner of property can be held liable for one’s injuries if he had actual knowledge of a particular defect, or had constructive knowledge of the problem and did not correct the dangerous condition.
- 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.
- Can I just handle the insurance claim by myself?
You may think that your car accident claim is relatively straightforward and that it should be simple to recover the compensation you deserve. Maybe you are concerned that hiring an attorney would be too expensive and you would prefer to minimize costs by handling the case on your own. The fact is that people who hire legal representation for an injury claim will nearly always end up recovering more compensation than those who don’t. We know how to prepare your case with compelling evidence to support your claim and we have experience engaging in aggressive negotiations. And, if the insurance company refuses to pay you the amount you deserve, we will not hesitate to take your case to trial. In addition, at Thomas J. Henry, you don’t owe a thing unless we win your case.
- What should I do if I think the accident was at least partly my fault?
Despite your honorable intentions, be aware that you are probably not in the best position to figure out how or why the accident happened. There are many possible causes for an accident. Accepting blame and apologizing to another driver can be used against you later. Contact our auto accident lawyers and let us help preserve your rights as an accident victim. If a car wreck results from you being 51% at fault, you are unable to recover any damages in Texas. However, if you have personal injury protection or medical payments coverage, you may be entitled to recover your medical bills up to the amount of that limit of coverage.
- What happens if the other driver and I were both at fault for an automobile accident?
In Texas, liability can be shared by multiple parties. However, if you’re found to be 51 percent or more at fault for the accident, you cannot recover damages.
- Why do I need a police report (aka Uniform Crash Report)?
Your attorney needs a copy of the police report (also called a Uniform Crash Report or accident report) for a number of reasons: to get information about the other driver involved in the accident; to get information about the driver’s insurance company; and to see what the police have recorded about how the accident occurred. If the police report is inaccurate, your attorney will contact the investigating officer because it’s important to get it corrected as quickly as possible in order to avoid clouding the facts and casting any questions on liability on you.
- How do I go about getting my car repaired?
Depending on the type of automobile insurance you carry, you may simply be able to contact your own insurance company about repairing your car. If you have the right coverage, your insurance company will pay for the repairs to your vehicle. Your insurance company may then seeks repayment from the at-fault driver’s insurance company. They will have what is called a subrogation lien for the property damage.
- What do I do with the appraisal or estimate from an auto-body shop?
When you take your car to an auto-body shop for repairs, the shop will prepare an appraisal, estimating the amount of damage to your car and how much it will cost to repair. An appraisal is an important document for many reasons. For one thing, the damage to the car as reported in the appraisal can either back up, or disagree, with your story of how the accident occurred. Also, insurance companies weigh the cost of repairing your car, as related in the appraisal, to the value of your car, to determine whether it’s worthwhile to repair your car. Give a copy of your appraisal to your personal injury lawyer. You may also need to provide a copy to the insurance company that is paying for the repairs to your car.
- Who is responsible for providing me with a rental car while my vehicle is being repaired?
After a Texas wreck that’s not your fault, getting a rental car is an issue for the adverse insurance company. So if your vehicle needs to be repaired, needs to be in the shop, that loss of use of that vehicle, you’re entitled to receive. Oftentimes, that’s through a substitute vehicle or a rental vehicle that’s paid for by the adverse insurance company.
If you have rental reimbursement on your own policy, you might be able to get a rental under your own policy while you wait for the adverse policy to pay for rental.
- Who pays for my medical bills if I've been injured in an accident?
Ideally, the liable insurance company would pay for your medical bills without any hassle. However, oftentimes insurance companies dispute liability, and it can be very difficult to get an insurance provider to pay your bills up front. If that is the case, it may be a wise decision to get your health insurance to pay your medical bills and seek reimbursement from the auto insurance company as part of the settlement.
- Do I have a case if I was hit by a drunk driver?
In Texas, when you are hit by someone who is drinking or under the influence of drugs or alcohol, that’s a very serious case and claim. Often times, you may be entitled to punitive damages for that type of conduct. In Texas, when that occurs, juries often times can deliver large jury verdicts for your pain and suffering, mental anguish and your injuries as a result of the bad conduct of drinking and driving or being under the influence at the time of the wreck.
- Who can I sue after a trucking accident?
Some truck drivers own their own rig while others are employees of trucking companies, sometimes driving vehicles that the employer has leased from another company. Determining the exact nature of an employment relationship between a truck driver and a trucking company is often just the first step in identifying all of the parties that can be held liable for negligently causing an accident. Our truck accident lawyers can examine the facts of a particular accident, identify each of the relevant parties, and assess their potential liability.
- How are semi-truck accidents different than accidents involving other types of vehicles?
Trucks are required to carry higher amounts of insurance coverage. The drivers must also meet higher safety standards than other vehicle drivers. Trucks travel in interstate commerce and therefore, are subject to many federal regulations that do not apply to other vehicles. Trucking companies also have responsibility to perform background checks prior to hiring drivers and must periodically evaluate existing employees. Drivers are subject to limits on the number of hours they can drive in a given day. Drivers are also subject to testing for drugs and alcohol, both randomly and in the event of an accident. Violations of the Federal Motor Carrier Safety Regulation Act can provide the basis for establishing fault on the part of the trucking company and it’s driver.
- 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.
- Should I notify my insurance company of the accident?
After you have a wreck in Texas, it’s important, with the assistance of an attorney, to contact your insurance company to advise them of the wreck you’re in. Be very careful that you don’t give a recorded statement when you immediately contact your insurance company about the wreck you’re in. You can always inform your insurance company that you are in a wreck, but avoid giving them a recorded statement until you have hired an attorney.
- Should I notify the other driver's insurance company of the accident?
Unless you want to jeopardize your case, it is far better to hire a personal injury attorney to handle any communication. Most people have no concept of how the other side can twist something you have said so that you are robbed of much of the compensation you deserve, if not all of it.
- Should I give any insurance company a recorded statement?
The short answer is NO. While you may be obligated to cooperate with your own insurance company and give your insurance company a statement, this does NOT require you to give a recorded statement to the other driver’s insurance company. In fact, you should not give a recorded statement until you have consulted with an experienced personal injury lawyer. Insurance companies’ claims adjusters are professional negotiators with extensive experience and are well trained to ask questions in a manner designed to hurt your claim. Insurance adjusters are trained to save money for the insurance companies, and if they can do that by making liability questionable or establishing that your medical claims are unfounded or unrelated, they may avoid having to pay for the full extent of your injuries.
- What can I do if the other driver doesn't have insurance?
If you are involved in an accident with an uninsured motorist, you may mistakenly think that you have no recourse when it comes to collecting damages for auto repair and medical care. In actuality, you can seek compensation from your own insurance company, as part of your underinsured and uninsured motorist (UM or UIM) coverage policy. However, if you don’t have UM insurance, your only recourse is to sue the driver. Most people who don’t carry car insurance don’t have much in the way of assets, though, so it’s unlikely you’ll make a recovery if you must resort to suing an uninsured driver. If the driver doesn’t have insurance but you carry Uninsured Motorist’s insurance, you can make a claim against your own UM policy.
- Do I need uninsured and underinsured (UIM/UM) coverage?
In Texas, it’s vital that you obtain uninsured motorist or underinsured motorist coverage. Because oftentimes, people in Texas driving around our freeways don’t have any insurance, or their insurance is lapsed. If they strike you and injure you, they will have no coverage to be able to pay for your injuries and/or loss. In Texas, it’s vital that you look at buying uninsured or underinsured motorist so that you can protect yourself. With that coverage, you’re entitled to recover your medical bills, pain and suffering, mental anguish, and all the damage elements that could be associated in your claim, should you have had it, against the adverse driver.
- What do I do if the other driver's insurance company contacts me?
You are in no way obligated to speak to them. Politely decline to speak with the other driver’s insurance company, give them your lawyer’s name and contact information, and advise them to speak directly to your attorney from now on. It’s important not to provide any information whatsoever to the at-fault driver’s insurance company, as they may try to lead you into saying something that makes liability unclear or otherwise makes your case difficult to pursue.
- What do I do if the other driver and insurance company denies liability?
Liability is the easiest thing for insurance companies to dispute to avoid paying on a claim altogether. It is, therefore, not uncommon for the insurance company to dispute liability even if their driver is liable. It then becomes your job to prove liability and that the other driver was at fault in causing the collision. If the police report is clear and comprehensive, it alone may be enough to prove liability. However, if liability isn’t clear from the police report, you will likely find that the insurance company will not offer you the full value for your case until you get an experienced personal injury attorney to assist you in handling your claim.
- I have been asked to release my medical record to the other driver's insurance adjuster. Should I do this?
Never release your medical records to another driver’s medical insurance adjuster because that information can be confidential. You don’t want that information utilized improperly by the insurance company and you want to make sure that when that information is given to an insurance company it’s conveyed in the right way, a legal way, with an experienced attorney that will know how to utilize that information on your behalf.
- Should I accept a settlement offer from the insurance company?
If an insurance company offers you a check right away, make sure you don’t sign the check. Oftentimes, the back of the check may have release language on it. Oftentimes, the front of the check may have release language on it or they may want you to sign a release. Never sign a check until you see an attorney and go over the facts of your case to know whether or not what you’re doing is appropriate and will protect you.
- What should I do if I was injured in an automobile accident but I don’t have health insurance?
Seeking medical treatment after an accident is one of the most important things you can do. If you do not seek medical treatment or have a gap in medical treatment following an accident, your case may be negatively impacted. In addition, one of the first things you should do after an accident is seek medical attention. Oftentimes right after an accident, you won’t feel hurt. However, as time passes you will begin to feel the ill effects of your accident. If you don’t have health insurance, you may be able to get your medical bills paid by other means, such as Medicaid and Medicare, or you may be able to get reimbursed for your medical bills by the at-fault party’s insurance company. If you are unsure where to turn after sustaining an injury in a car crash, our personal injury attorneys can help you find the treatment you need.
- 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?”
In Texas, negligence is what a reasonable person would do in the same or similar circumstances. The reality is, we all look at negligence as, “Was it really appropriate what someone did or didn’t do that caused an incident?” Negligence is used in Texas to cover a wide range of areas of cases. It can be negligence of a construction company, it can be the negligence of a driver, the negligence of a truck driver, negligence of a manager in failing to oversee their employees. Negligence is a very broad term, but generally it is what reasonable, prudent people would do in the same or similar circumstances and fail to do, that caused an injury. 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 is a child injury lawsuit?
A child injury case may be brought when an individual under the age of 18 is injured due to the fault of another person or organization. Examples of a child injury case include car wreck or semi-truck accidents, dog bites, daycare or caretaker abuse/negligence, birth injuries, burns, choking, drowning, or any other personal injury. The most serious child injury cases involve permanent injury or death. A guardian, usually the child’s parent, is appointed by the court to bring a lawsuit (if necessary) on the child’s behalf.
- My baby was born with a birth defect. Do I have a case?
You may have a case. The most tragic injuries can happen during birth. Sometimes the birth injury is caused by negligence or malpractice. When this is the case, the pain and suffering and financial burden it causes can be eased by an award that compensates you for the full consequences of the injury and its long-term effects. In most cases, both the baby and the parents have the right to compensation. The first step when dealing with a tragedy like this is to talk with an experienced birth injury attorney.
- My child has been injured due to someone else’s negligence. What should I do?
The first and most important thing is obtaining proper medical care. Once the child’s injuries are being professionally addressed, if there is a belief that the injury was the fault of someone else, or because of a defective product or unsafe condition of property, immediate investigation should begin. This is most often undertaken by skilled investigators and experts in consultation with skilled personal injury legal counsel. Often evidence that is crucial to proving fault for an injury can be easily and quickly lost. It is very important to preserve all possible evidence, and to obtain photographs.
- Will my child be affected emotionally if I file an injury lawsuit on their behalf?
No. The laws have changed dramatically in recent years to protect child injury victims. Even in civil cases involving molestation, the identity of the child will be protected and the child will not be able to be cross-examined in the way the people sometimes see on TV and in the movies. The parent or guardian for the purpose of the litigation will be more involved in the lawsuit, and the child will usually be able to live their normal life without the lawsuit interfering in any significant way. In most instances, a case will settle outside of court and a lawsuit will not be necessary.
- My child was the victim of sexual abuse. Why do I need a lawyer?
A child sex abuse attorney can help determine if the person who abused your child has insurance that might help your child heal from the significant harm they suffered. Because a child abuser doesn’t always have the means, assets, or insurance to pay for his victim’s injuries, it’s sometimes difficult for child abuse victims to receive compensation. Our attorneys will look at all options available for obtaining a financial recovery. Money recovered can help with expenses related to your child’s health and future, including medical bills and counseling.
- What is the statute of limitations for child personal injury cases?
In general the statute of limitations for personal injury cases in the state of Texas is two years. However, the two-year statute of limitations does not apply for a child until they are 18 years old. Children have until their 20th birthday to file a personal injury claim if the injury occurred when they were a minor. Our experienced personal injury attorneys can assist you with filing deadlines and statute of limitations questions if your child was injured in an accident.
- How do I know if a doctor made a mistake or if the birth injury was a natural act?
In most cases, you won’t know whether your circumstances give rise to a valid medical malpractice claim until you have talked to an experienced birth injury lawyer. Doctors and medical facilities are governed by detailed professional standards of care during prenatal, delivery and postnatal stages of pregnancy and birth. Anytime medical professionals fail to follow accepted procedures, injuries can result, and the doctors and hospital can be held accountable for medical malpractice.
- 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 a vehicle recall?
Recalls occur when automobile parts have possible or obvious defects. Manufacturers may also recall vehicles if they do not comply with the government’s safety standards. New vehicles cannot enter the consumer market until they pass a series of safety tests. Despite these evaluations, vehicle recalls are still common. Between 2014 and 2016, more than 50 million cars were recalled annually. If you learn that your vehicle has been recalled, then it is critical that you follow the manufacturer’s recommendations. If you were injured due to the defect, then you may be entitled to compensation.
- What are common causes of vehicle recalls?
Vehicles contain an array of complex parts. If any of these parts contains a defect that makes the car unsafe to use, then the manufacturer must issue a recall. Recalls can occur in any part of the car, but common examples of recalled parts include: airbags, tires, ignition switches, door latches, gas tanks and fuel lines, seat belts, child seat anchors, and steering components.
- What can I do if I was injured due to a defective or malfunctioning vehicle?
If you were injured due to a vehicle defect or another driver’s malfunctioning car or truck, then you may be able to recover health-care expenses, lost wages and other damages in a civil lawsuit. Our vehicle recall lawyers can help you determine the viability of a lawsuit.
- What is a dangerous drug?
A dangerous drug can be any drug prescribed to you that causes severe side effects. Many people can suffer from serious medical problems and complications after taking a drug that is supposed to help them. If there are enough victims of the side effects caused by a dangerous drug, the Food and Drug Administration (FDA) will investigate the drug and what dangers it poses. If it is determined that the dangerous drug causes too many or too serious side effects, the FDA can either recall the drug, or issue a warning, informing consumers about the dangerous drug.
- What is a medical device recall?
When a medical device is believed to be a risk to a person’s health or is found to be defective, it is recalled. A recall does not always mean that an implanted medical device has to be removed. In most cases, medical devices are recalled due to design defects, manufacturing defects, or warning defects.
- What should I do if I’ve been injured by a defective medical device or drug?
Seek medical treatment. It is important to talk to your doctor and find out how to treat your symptoms. After receiving treatment, talk to a lawyer to learn more about your rights. If a medical device or drug is poorly designed or poorly made or the manufacturer failed to warn about a potential danger, you may have a claim against it for your injuries.
- Why do some dangerous drugs remain available on the market?
There are many reasons dangerous drugs make it all the way to your medicine cabinet without being stopped or recalled. Sometimes, the side effects the dangerous drug causes are not frequent enough or serious enough to warrant an FDA recall. Other times, the results of testing and screenings are skewed, causing the dangerous drug to look safer than it really is. If you have suffered injuries or medical problems caused by the side effects of a defective drug, contact an experienced dangerous drug lawyer to find out what compensation you may be entitled to.
- Why should I file a dangerous drug claim?
A dangerous drug should never be allowed to cause harm. A dangerous drug claim will help you recover compensation for the economic and non-economic losses that you have suffered as a result of taking a dangerous drug. If you have been a victim of a dangerous drug’s side effects, you may be able to recover compensation for pain and suffering, past and future medical costs, and past and future lost wages.
- What should I do if a drug I’m taking has been recalled?
If you suspect that a drug you are taking is causing side effects or if the drug has been recalled, first contact your doctor to discuss your treatment options and safe alternatives. If you believe you have suffered an injury because of a dangerous drug, you should call an experienced dangerous drug lawyer.
- Can pharmaceutical drug manufacturing companies be held liable for my injuries?
Pharmaceutical companies have the duty to ensure that the drugs they design, manufacture and market are safe and to warn consumers of potential risks. If the drug maker fails to meet these obligations, it can be liable for injuries. In addition, other entities, including the distributor, may be liable.
- What happens if a medical device that has been recalled was implanted in me?
If your device has been recalled, you may be contacted by its manufacturer. The manufacturer may offer to pay for a new device or for subsequent surgery and try to get you to sign a release — before you understand the full extent of your injury. While such an offer may seem reasonable, do not sign anything until you speak with an experienced medical device attorney. Educate yourself about your options before you sign anything.
- Why are there so many recalled and dangerous pharmaceutical medications?
Pharmaceutical manufacturing is a multi-billion dollar industry. Sometimes, drug trials – testing of the drug prior to marketing – are insufficient. Sometimes key facts from clinical trials might be omitted or covered up in order to obtain approval from the Food and Drug Administration (FDA). Often times, it takes time – sometimes years – before a sufficient number of adverse drug events are linked to the drug. Drug recalls generally occur after the FDA has received a significant number of reports of adverse effects from physicians.
- Can I filed a claim on behalf of a family member who died as a result of a dangerous drug?
Yes. Claims for injury or wrongful death of a deceased person may be pursued by the legal representative of the estate.
- 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 is a product liability lawsuit?
A product liability lawsuit is when an injured person sues the supplier, manufacturer, seller or provider of a product for damages because the injury was caused by a dangerous problem with the product. Problems may include a dangerous defect, design, or improper warning labels or instructions for safe usage.
- When are products considered defective or dangerous?
A defective product is any product that doesn’t do what its designer or manufacturer created it to do. Usually only defects involving injuries go to court. Some products are defective because there was a mistake at the factory where they were made. In this case the product you bought hurt you because it was broken when it was made. Other products nearly identical to your product will likely not be broken in the same way and thus they won’t cause any injuries.
- Can I recover damages after being injured by a defective product that I didn't own?
In recent years, it has become more common for damages to be awarded for injuries caused by dangerous products, even if the product was not owned by the person who was injured. People have been hurt while using yard care equipment, such as a lawn mower, that they borrowed from a neighbor. The largest number of product liability lawsuits is filed for compensation for injuries to children that were caused by defective toys. Some of these injuries occur while a child is playing at a friend’s house or under another family member’s supervision. State laws hold manufacturers who produce defective products responsible whether the product injures the owner, a friend or family member, or an innocent bystander.
- What type of damages can I recover in a product liability lawsuit?
Like other types of personal injury lawsuits, you may be awarded for your medical costs (past and future), mental anguish, pain and suffering, and lost wages (past and future). If the person, company or manufacturer the court held responsible for producing a dangerous or defective product acted so badly the court wants to teach them a lesson, then more damages might be awarded. This type of compensation is called an award for punitive damages. A punitive damage is imposed both as a form of punishment and to warn other people or companies from acting in the same way in the future.
- Can the manufacturer of a defective product be held liable even if the product contained a disclaimer?
Yes. A product manufacturer’s use of a disclaimer usually will not be enough to provide a complete defense to a product liability claim. It is well established that a product manufacturer has a duty to warn and instruct in the proper use of its product at the time the product leaves the manufacturer. In situations where the product manufacturer is receiving information about failures of its product in the field, there can arise an additional obligation to warn and instruct called a post-sale duty to warn. It may include an obligation to retrofit or recall the product before additional injuries and deaths occur.
- Why do I need to hire a product liability lawyer?
Product manufacturers and their insurers have significant resources and personnel to immediately begin preparing a defense of the claim. It is in your best interest to retain an experienced product liability lawyer as soon as possible. Gathering evidence as soon after an injury occurs for the evidence or any pieces of evidence are lost can be crucial to the successful outcome of your claim. Thomas J. Henry has experience representing victims of dangerous and defective product accidents across the country. In addition, our product defect attorneys are backed by the legal and financial resources necessary to take on large corporations and companies.
- How do I know if my injury was caused by a defective product?
With some exceptions, the existence and significance of defective conditions in a given product are usually not obvious, and can be difficult for most consumers to identify and evaluate. Therefore, as a practical matter, determining whether a product is “defective” will usually require analysis by a products liability attorney and an engineer or other professional with applicable expertise. An injured party should not assume that he has no product liability case because a product defect is not obvious or readily apparent to him. The defective condition may be latent, or it may only be apparent to someone with considerable expertise about the type of product involved. Therefore, the injured party should not give up on a potential product liability claim until they have consulted with a product liability attorney who can retain experts to study the product which caused someone’s injury or death.
- Is there a time limit for filing a product liability claim?
Under Texas statute of limitations, a person must bring suit for personal injury within two years after the injury took place or the date on which the victim discovered the injury. However, Texas’ product liability statute of repose can also have an effect on when a product liability action must be made by. According to the statute, product liability lawsuits cannot be filed later than 15 years after the product was first sold by the company. If you are unsure if you are able to file a lawsuit, contact our experienced product liability lawyers, available 24/7 to assist you with your questions and concerns.
- Can you file a medical malpractice lawsuit against someone other than a doctor?
A medical malpractice suit can be brought against most licensed health care professionals. This includes physicians, specialists, emergency room doctors, registered nurses, anesthesiologists, dentists, pharmacists, optometrists, and physical therapists, to name just a few. The medical corporation or hospital where the individual works can also be sued.
- How do I know if I have a medical malpractice case?
Usually, in order to make a viable case for malpractice, you need to first establish the applicable standard of care that was appropriate to the circumstances. That means the level of care and skill that your doctor (or whoever harmed you) should have acted with, based on accepted medical practices in the same community. Next, you need to show exactly how the defendant deviated from that standard in treating you, and precisely how you were harmed by the provision of substandard care. In most medical malpractice lawsuits, all of these elements need to be established by a qualified expert medical witness.
- What is medical malpractice?
Medical malpractice is negligent treatment by medical providers, such as a doctor, hospital, nurse, chiropractor, therapist, or other medical practitioner. If a medical practitioner fails to act in accordance with accepted standards of practice in the diagnosis or treatment of a condition, they may be responsible for all damages that result.
- What damages can I recover in a medical malpractice case?
Where injury results, the damages include medical bills, both past and future, wage loss, both past and future, and past and future pain and suffering, as well as any disfigurement caused by the malpractice. In wrongful death cases, damages include medical bills, loss of support for family members, and loss of the aid, comfort, society, and companionship that the deceased person would have provided to the family members had he or she lived.
- What is meant by "a breach of the standard of care" in a medical malpractice case?
Standard of care is the expected method of treating a condition, injury, or disease. Failing to follow that standard of care is negligence or in other words, medical malpractice.
- Do medical malpractice cases take a long time to resolve?
The length of a medical malpractice lawsuits can vary greatly from case to case. Variables that affect the length of time a case takes include complexity of the case, the willingness of the insurance company for the doctor, hospital, nurse, chiropractor or other medical practitioner to resolve the case, and how long it takes to fully determine your damages from the medical malpractice.
- I signed a consent form prior to the surgery that left me with injuries. Can I still recover damages in a malpractice claim or lawsuit against my doctor?
Yes. All that the consent form is doing is indicating that you have been informed of risks of the procedures. If the doctor is negligent in performing the care or surgery, you may still recover against that physician.
- Why do I need a medical malpractice lawyer for my case?
Medical malpractice cases are complicated, expensive, and are invariably hard-fought. It would be extremely difficult, if not impossible, for a layperson to have the expertise necessary to prepare for a medical malpractice case. Thomas J. Henry has the legal and financial resources necessary to pursue medical malpractice lawsuits.
- I think I’ve been the victim of medical malpractice. What should I do?
It is generally a good idea to start documenting. Document what exactly happened during the procedure and everything that occurs afterward. Take as many notes as you can regarding the surgery or procedure, lab results, and MRI or CT scan results. Receive a copy of your medical records and charts, too. Document the names of your doctors, nurses, surgeons, and any other healthcare professionals involved. Keeping a record and documenting these items may help your cause if a malpractice lawsuit is necessary. Our medical malpractice lawyers can assist you in collecting evidence and documenting, so it is important to contact Thomas J. Henry as soon as you can.
- Is medical negligence a common occurrence?
Medical errors occur at a higher rate than originally believed. According to the British Medical Journal, an estimated 210,00 – 400,000 deaths each year are associated with medical errors. With an estimated 251,454 deaths in 2014 alone, medical errors would be the third leading cause of death in the United States behind only heart disease and cancer.
- Can I be fired for reporting a workplace injury?
For an employer to retaliate in any way or to try to dissuade you from reporting an injury is against the law. An employer who engages in such practices can be sued. If you have been harassed, threatened or terminated for reporting an injury or filing a disability claim, contact our workplace injury attorneys immediately.
- Do I need to hire a lawyer for an on the job injury case?
As laws regarding workers’ compensation are continuously being amended and revised there may be statutory limits in some cases. You are strongly advised to have an experienced workplace accident lawyer review the injury compensation settlement agreement and discuss it with you before you agree to or sign anything.
- If I have a pre-existing injury that began bothering me when I was injured at work, is it covered by workers’ compensation?
Yes, if your work accident aggravated a pre-existing injury, it should be covered.
- How much money will I receive from workers’ compensation?
The amount that you receive from workers’ compensation depends on your income before you were injured, which body part was injured and how much use you lost. Other factors could include how long you were off work, whether you can return to work and whether you have any restrictions on your ability to work. Your medical treatments may also factor into your workers’ compensation settlement. If your employer’s insurance company offers you a settlement, the offer may be low. An experienced workers’ compensation lawyer can help you determine a fair settlement for your case.
- Can my child recover damages after being injured at a daycare center?
Yes. If the daycare owners, workers, and employees were negligent or reckless in their conduct, leading to injury to the child, they may be held liable.. When daycare employees and workers fail to provide a safe environment for your child, causing an injury, you may have a personal injury claim. Our experienced child injury lawyers can help determine if your child has a viable claim.
- Who is liable if dangerous road conditions contributed to a pedestrian accident?
While motorists are legally obligated to take reasonable care to watch out for pedestrians, it is not uncommon for the dangerous design or quality of a road to contribute to a pedestrian accident. For example, if an intersection is poorly marked and poorly lit, it may interfere with a driver’s ability to see an individual crossing the street. The government agency or property owner responsible for maintaining that intersection may be liable for damages for failing to take reasonable measures to prevent harm.
- I was hit by a car while crossing the street in an unmarked crosswalk. Do I have a viable injury claim?
Even if you crossed a street at an undesignated crosswalk, you may be entitled to receive damages based on comparative fault. Essentially, both parties should take reasonable care to avoid causing harm or an accident. If a pedestrian jaywalks, he or she may be found only partially at fault for an accident if there is evidence that the driver engaged in negligent behavior, including speeding, distracted driving, or driving drunk.
- If I suffer an injury while on my bicycle, who can be held liable?
Depending on the circumstances surrounding your bike accident, you can possibly recover from the negligent vehicle driver, the vehicle owner, manufacturer or retailer of the bicycle or vehicle, a bicycle repair shop, or the entity that controls and maintains the road where the accident occurred.
- I hit a pothole in the road with my bicycle and was seriously injured. Do I have a case?
It depends on the location of the pothole and whether it was created as a result of someone’s negligence or created naturally. The longer the pothole has existed and the larger the pothole is, the greater the chance that you have a case for your bicycle crash injury.
- I was injured after a car ran my bicycle off the road. The car never hit me, but can they be held liable for causing my accident?
Yes. If a driver runs you off the road or forces you to take evasive maneuvers to avoid being hit by them, you may certainly pursue a case against them if you can prove them liable.
- How is liability proven in a semi-truck accident?
In order to get the compensation you deserve following an 18-wheeler accident, you must be able to prove liability. You can do this by presenting two primary types of evidence: testimonial and material. Testimonial evidence can include detailed accounts from witnesses and evaluations from experts. Material evidence can include photos of damages to vehicles and physical injuries, video footage of the accident, tire marks on the road, and even driver logs and inspection records. Our semi-truck crash lawyers are experienced in handling these kinds of cases and will take immediate action to obtain and secure evidence.
- 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.
- What should I do after a motorcycle accident to preserve my injury claim?
What you do after a motorcycle crash will affect your chances at an optimal case outcome down the line. Document everything you can so you will have the material you need to support your claim. Take photographic evidence of the crash site and all resultant damages, including injuries and property damage. Gather contact information from all involved parties, including witnesses. File a police report and get a medical report from your treating physician. Keep a detailed written account of your daily struggles after the accident. Do not take your damaged motorcycle to a repair shop – it could serve as vital evidence.
- Do I still have a claim if I was not wearing a helmet during my motorcycle accident?
You still have a viable lawsuit against the negligent party even if you were not wearing a helmet at the time of the accident. However, keep in mind that the amount of damages you receive may be reduced if not wearing a helmet contributed to your injuries. Motorcycle accidents result in devastating and debilitating injuries regardless of whether a helmet was in use or not at the time of the crash.
- Can I sue if I was injured in a vehicle that was recalled?
If you were injured by a recalled vehicle, you may be entitled to recover damages, including medical bills, property damage, lost wages, and more. Too often, auto manufacturers produce defective products and release them into the marketplace with little regard for safety. When these defective auto parts and vehicles injure people, the manufacturer may be held liable.
- What should do if I’m injured on an oilfield or refinery?
If you were injured on the job at an oil refinery or oilfield, it is important to seek medical attention as quickly as possible and notify your supervisor. You need to inform your employer of the incident as soon as possible to ensure you can recover any workers’ compensation benefits you may be entitled to. It is also important to consider involving an attorney as early in the process as possible. You may have the right to recover a significant amount of financial compensation, and our experienced oilfield and refinery lawyers can help determine any recoverable damages.
- Can I file a claim against a driver in an injury accident if I’m a passenger?
If you were injured in a car accident as a passenger, you can file a personal injury claim against whichever driver was found to be at fault for the accident, regardless of whether the at-fault driver was at the wheel of the vehicle in which you were riding. In Texas, injured victims can make a claim not only against the driver of the car they’re in, but also the adverse driver that caused the wreck, depending upon the circumstances of the accident.
- Do I still have a viable claim if I was injured in an 18-wheeler accident caused by a mechanical issue?
Whenever you’ve been injured in a semi-truck accident, there are many potential causes that can lead to the wreck. Mechanical failures, including worn tires, defective brakes, inadequate safety systems, or unsecured cargo could have been prevented if the trucking company kept up proper maintenance schedules for their vehicles. These can all be grounds for a trucking accident lawsuit.
- Do I have legal options after I was injured in a recreational boating accident that was someone else's fault?
If you’ve been injured in a recreational boating accident that was someone else’s fault, you might be able to be compensated for your injuries. Boat owners and operators can be held liable if their negligence caused you injury or caused the death of your family member. In boating accidents, examples of negligence include failure to follow directions, observe signs, maintain their vessels, pay attention to weather, or operating a boat under the influence of drugs or alcohol. You might be able to sue for property damage, medical expenses, and other losses that occurred as a result of the accident.
- Can an elderly family member sue a nursing home for neglect or abuse?
Nursing home residents must get the essential services and care to achieve or maintain the highest level of mental, physical, and emotional health. When a staff member at a nursing home fails to meet these standards, the grounds for a lawsuit may be present. Our experienced nursing home neglect lawyers can help you determine if your family member has been a victim and if they are entitled to recover damages for their injuries.
- My child was injured at an amusement park. Can I sue the amusement park for my child’s injuries?
Like every property owner, amusement park owners and operators have a legal responsibility to keep their property in a reasonably safe condition. If a person suffers an amusement park injury that could have been avoided if the amusement park had taken reasonable preventative steps, the injured person may be able to successfully sue the amusement park for compensation.
- Who is responsible for an injury at an amusement park?
Depending on what caused the amusement park injury, legal responsibility may rest with the amusement park’s owner, the designer or manufacturer of an amusement park ride, a concession stand owner, or another company entirely. Sometimes, more than one company may be wholly or partially responsible for paying compensation to the injury victim. It is important to retain an experienced amusement park lawyer who has handled these cases and knows which defendants to include in the lawsuit.
- I was injured while on a cruise. Can I sue for my injuries?
Yes. Cruise ships are responsible for the safety of their passengers. If a passenger suffers a cruise injury or is hurt on a shore excursion, the cruise ship may be legally responsible for paying financial compensation. The cruise line may also be responsible if the cruise injury happened due to an accident or assault that the cruise line could have prevented by taking reasonable precautions. Contact our cruise ship injury lawyers to help determine if you have a viable 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.
- What should I do if I want to pursue a product liability claim?
There are a number of things you can do in the first few days or weeks after an accident to protect your rights to compensation and strengthen your potential product liability claim, such as:
-Write down as much as you can about the accident itself, your injuries and any other losses (such as wages) you’ve suffered as a result of the accident.
-Make notes of conversations that you have with persons involved in the accident or the injury claim.
-Preserve evidence of of who caused the accident and what damage was done by collecting physical evidence and taking photographs.
-Locate people who witnessed the accident and who might be able to help you prove your case.
-Contact an experienced product liability attorney to evaluate your claim.
- Do I have a viable burn injury lawsuit?
Anyone who has sustained serious burn injuries due to the negligent actions of another party may be entitled to compensation for all related damages. However, in order to have a strong case, you must take the proper steps after an accident to ensure that you retain supporting evidence for your claim. The first step is to get medical help. The next most important step is to consult with a trusted attorney to discuss your case and legal options.
- How is liability proven in a burn injury case?
Proving liability in a burn injury case is often complicated, as several parties could be responsible for the accident that caused your burn. Our burn injury attorneys can help you determine who is responsible for your injuries, whether they were caused by a defective product, a work accident, or a residential fire.
- I suffered burn injuries in a house fire. Do I have a burn injury claim?
Residential fires are the leading cause of burn related injuries and many are the result of negligence. A burn injury attorney will utilize the expertise of fire investigators to uncover the cause of the fire and identify who was responsible in creating the unsafe situation. Contractors, builders, or repairmen who decided to cut corners when wiring the house or installing appliances are just a few examples of who may be held accountable for your burn injuries.