Help & Information
We have straight answers to difficult questions to help you navigate legal process and secure financial compensation.
At Thomas J. Henry Law, we want to ensure all injured victims are informed and knowledgeable about their rights. The legal process can be complicated, confusing, and overwhelming, especially when you are also dealing with the aftermath of an accident or injury.
Thomas J. Henry Law has prepared the following Infographics, FAQs, Videos, and Personal Injury Legal Guides to assist you on your road to recovery. If you wish to speak directly with an attorney, contact our offices now for a FREE Case Consultation – we are available 24/7, nights and weekends.
Your questions answered
How Does the “No Win No Fee” Promise Work?
The Thomas J. Henry “No Win No Fee” promise works as part of a contingency fee agreement. Instead of receiving payments from clients, we recoup fees and expenses from the final settlement or verdict our clients receive.
This allows us to start working on your case as soon as you hire us, ensuring that your case is handled with the urgency it deserves. It also means you can focus on getting better rather than cutting us a check.
The percentage we collect may vary depending on the complexity of your case, but you will be kept informed so you know what we are collecting before your case is closed.
Even better, you owe us nothing if we don’t win your case! Because our fees are collected as a percentage of your settlement or verdict, we do not collect anything unless and until you get your recovery. This means there is no risk to hiring a qualified attorney to handle your case!
Do I Have to Pay to Speak with an Injury Attorney?
Thomas J. Henry Law offers free case reviews so that you can better understand your legal options. This means you pay nothing for your first consultation. Additionally, Thomas J. Henry Law works on a contingency fee basis meaning that if you do choose to hire us, you pay us nothing unless and until we win your case.
To learn more about what it takes to speak with an injury attorney about your claim here.
Do I Need a Personal Injury Attorney Help Me Settle My Case?
Insurance companies will attempt to pay out as little as possible when resolving an injury claim. When an individual pursues compensation from an insurance company without the aid of an attorney, the insurance company may see the lack of representation as an opportunity to lowball the injured victim as there is no immediate risk of trial or legal recourse.
By hiring a competent attorney who has a reputation for achieving large verdicts in the courtroom, you are sending a message to the insurer. It will provide the insurance company with extra incentive to offer a fair settlement the first time.
If that first offer is not fair, an experienced personal attorney will have the resources and the knowledge to negotiate with the insurance company in pursuit of a better offer.
What is a Contingency Fee?
In a contingency fee arrangement, an attorney agrees to accept a fixed percentage of your recovery as payment. This means that if you win your case, your attorney will collect their fees and expenses from the money awarded to you. However, if you lose your case, your attorney will collect nothing.
Most lawyers prefer not to work on contingency cases for two reasons:
- There is a risk the firm will be paid nothing
- Any payment is delayed until money is collected from the opposing party
Generally, a lawyer who accepts contingency fee cases:
- Regularly represents clients who lack the financial resources to pay hourly attorney’s fees (as is often the case for personal injury victims).
- Is more selective about the cases they accept.
- Is very confident in their ability to win the cases they choose to handle.
How Much Does it Cost to Hire a Personal Injury Attorney?
The cost associated with hiring a personal injury attorney and how payment is collected may vary from firm to firm. At Thomas J. Henry, we work on a contingency fee basis. This means that we don’t charge our clients a penny unless and until we win their case.
Working on a contingency fee basis allows clients access to resources and legal representation they might otherwise struggle to afford. The more serious a case is, the more money it costs to take to trial. This is because complex litigation tends to take longer to resolve and the entities involved fight harder.
This is especially true if your lawsuit is against a large company, as would be the case in a trucking accident or on-the-job injury. Such companies employ teams of lawyers and have seemingly unlimited financial resources. You need an attorney who has the same. Thomas J. Henry employs a team of more than 100 attorneys and has the money to fight your case out to the end.
Finally, by collecting any fees and expenses after a verdict or settlement is secured, Thomas J. Henry can help ensure his clients are able to focus on healing. “The client’s job is to heal. We will handle the rest,” says Thomas J. Henry.
How Do I File a Wrongful Death Lawsuit on Behalf of a Child?
Filing a wrongful death lawsuit on behalf of a child who has lost their only parent or both parents can seem confusing, but with the help of an experienced accidental death lawyer, the process becomes much easier.
Thomas J. Henry Law has been handling wrongful death lawsuits for more than 25 years and has experience representing children in the courtroom. If you have any questions concerning the steps necessary to file such a claim, contact our offices immediately. Our attorneys are available 24/7, nights, and weekends.
How Does a Minor File a Wrongful Death Claim in Texas?
Oftentimes, a family member of the minor can be appointed by the court to be the guardian of that minor. Upon being appointed, that guardian is tasked with taking care of the minor and given the power to bring a lawsuit against the parties responsible for the death of the minor’s parents on the minor’s behalf.
Additionally, lawsuits can be filed by a decedent’s estate or by the administrator of the decedent’s estate with the damages be provided to the child.
Can Minors File a Wrongful Death Claim in Texas?
The sad truth is that there are instances in which children lose their only surviving parent or both parents in a tragic event. In Texas, that minor is still able to bring a wrongful death lawsuit against those responsible for their parents’ death. If you are seeking to file a wrongful death claim on behalf of a minor, call our offices now to speak with a Texas wrongful death attorney.
Are Texas Wrongful Death Claims Different from a Survival Actions?
Texas law recognizes two distinct types of claims for an event where someone dies: a wrongful death claim and a survival action claim. These claims differ in who they have filed on behalf of, what damages are being sought, and who those damages will be paid to. Still, in some circumstances, both can be pursued in the same lawsuit.
If you have lost a loved one due to the negligence of another, one option is to file a wrongful death lawsuit. In such a case, the family is not actually suing for harm caused to their loved one – instead, they are suing for the harm that was caused to them as a result of the loss of the deceased person.
A second option that may be available to you is that of survival action. The name can be confusing at first as the claim is actually filed for a person who has passed away, but understanding the purpose of the claim also helps to explain its title.
When a survival claim is filed on behalf of a deceased person, the victim’s family is essentially asserting that:
- The person died because of the defendant’s negligence.
- This negligence caused pain and suffering to the person before they died.
- Had the person survived, he or she would have been able to pursue legal action against the defendant to recover compensation for pain and suffering.
- The defendant should not be able to avoid liability for pain and suffering just because the person died.
- The pain and suffering damages should be paid to the deceased person’s estate.
What is the Statute of Limitations for Filing a Wrongful Death Claim in Texas?
A statute of limitations is a law that sets the maximum amount of time parties have to initiate legal proceedings from the date the offense occurred. In personal injury law, this essentially is a time limit you have to file your personal injury claim.
While you may think you have a long time to file a claim that deals with a tragedy as great as wrongful death, the statute of limitations for filing such a claim is actually based on the precipitating event and not on the damages that occurred (i.e. the death of a loved one). That is why it is so important to contact an attorney as soon as an accident resulting in death occurs.
What Kind of Experts Will Be Used in My Wrongful Death Case?
Depending on the circumstances leading up to your loved one’s death, your attorney may call multiple expert witnesses. For example, if your loved one was killed on the job your attorney may consult with workplace safety compliance experts, OSHA consultants, and industrial engineers. If the death of your loved one was the result of a trucking accident, expert witnesses could include FMCSA compliance consultants, forensic engineers, and accident re-constructionists.
When it comes to proving your damages, expert witnesses often include psychologists, psychiatrists, grief counselors, and forensic accountants.
