FAQ

Personal Injury

• Do I need to hire a personal injury lawyer?

  If you have suffered from the negligence of another person, our law firm strongly suggests that you look into hiring a personal injury attorney. Most law firms, including ours, provide a free consultation for potential clients to decide for themselves as to whether they wish to pursue a claim. One of the most important factors to consider in your case is whether the attorney you choose to hire will create a substantially better outcome than you would have on your own. Although over 95% of the cases we handle settle, the attorneys at Henry & Williams, P.C. are ready to take your case to court if necessary.

• What is the time limit to pursue my personal injury claim?

  Personal injury and wrongful death claims have a certain statute of limitations, which will differ depending on the type of injury you have sustained. In addition, it is imperative that your injury attorney work quickly to procure all evidence pertaining to your case, as some of it may be cleared out by the other parties involved in a timely manner. The sooner you retain a qualified legal representative, the better chance you may have at obtaining maximum financial compensation. Call Henry & Williams, P.C. today for the help that you deserve before time runs out.

• Do I need to go back to work right away?

  You should only return to work if your doctor has cleared you to return and you feel that you are well enough to go back to work. If your doctor has not authorized you to return to work or has instructed you not to go to work, you should probably refrain from doing so. Our law firm suggests that you try to work if you are authorized to work and comfortable doing so because we have seen that many jurors will be fairer with an injury victim who has attempted to work despite their injuries. If your employer has released you or filled your position, we advise you to begin looking for a new job as soon as you have been released to work.

• How much is my case worth?

  The value of your case will depend entirely on the facts of the case: liability and injuries. If you have been injured, we suggest that you bring your claim to our law firm for a free consultation so that we may review the circumstances of your case to determine how much it may be worth. It is never set in stone how much a case may be worth, and having the right attorney can help you find a more favorable outcome.

• What kinds of damages am I able to recover?

  In most personal injury and wrongful death claims, there are two different types of damages that you are able to recover - economic and non-economic damages. Economic damages are those that include true financial damages, such as medical expenses, loss of income, loss of income capacity, and physical property damages. Non-economic damages are those such as pain and suffering, loss of enjoyment of life, scarring, and emotional distress.

• Do I have to take my case to court?

  Not always. The only time we will take our case to court is if we know that we can secure a settlement much higher than the one we are currently being offered and this is what the client wants. With a well-prepared case, however, it is likely that the case will resolve before trial.

• How are attorneys paid in these types of cases?

  At our law firm, our attorneys are paid a percentage of the recovery that is decided upon before the case. We will never ask for fees up front, and we will not collect fees from you if we are unsuccessful in your case. Our law firm works on a contingency fee basis, and we will only charge a fee if we have recovered financial compensation on your behalf. We operate on a strict no recovery-no fee agreement in every case and you owe us nothing if we lose.

• Should I use my own health insurance if someone else has caused my injury?

  Yes. We strongly advise you to use your paid premium for your health insurance to obtain the medical care that you are entitled to. If you do not use this, it is likely that the medical expenses will be deducted from the settlement, which will in turn reduce the recovery amount for you in the end.

• Do I need to reimburse my health insurance provider if they have paid for the medical expenses?

  According to state law, you do not have to repay your carrier out of your recovery if your health insurance coverage is provided by an insurance company by a policy of insurance. In most cases, the only time that you will have to repay your health insurance provider is when the coverage is not provided through an insurance plan.

• Should I sign a medical authorization for the at-fault party's insurance company?

  No. By doing so, you may give your insurance company access to medical records that have no relevance to your case. When an insurance company has this information, they may use it to claim that you were injured before the accident or make another false statement. If you have already signed this release, your attorney can try to revoke the medical authorization to protect your rights. These past records are nobody's business but your own, and the insurance company and at-fault party should not be given access to them.

• Do I need to give a recorded statement to an insurance adjuster?

  No. Before speaking with your West Plains personal injury lawyer, you should never sign any documents or even speak with an insurance agent. These actions may be regarded as admitting fault or waiving your rights to pursue a settlement. If you have already given your statement, however, you may be able to secure a copy of the statement to correct any errors before any permanent harm has been done to your case.

• The insurance adjuster keeps telling me I should not hire a lawyer. Is this true?

  The first thing you should know about the accident you were just involved in is that the insurance company and the at-fault party that they represent are not on your side. They will do and tell you anything they can to prevent you from pursuing a claim. The insurance company is solely interested in their bottom line, and they are willing to short you the money that they owe you to meet this. Always talk to an attorney for a free case evaluation if an insurance adjuster has told you this.

• How do I choose the right attorney for my specific case?

  Most people looking to hire an attorney do not realize just how critical it is to retain an experienced trial lawyer who has a reputation for success with insurance companies. Our trial record well know by the insurance industry is often the very reason that your claim will get settled without going to trial. The only reason the insurance company will settle your case is because they are afraid of what might happen if they don’t. We invite you to take advantage of our free case evaluation to find out why we are the right firm for you!