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Frequently Asked Questions
At the Henry law firm we have been
handling personal injury and wrongful death cases in both
state and federal courts for more than three decades.
H. Lynn Henry
has been a frequent lecturer to the trial bar in both
Missouri
and Arkansas.
During Lynn’s
33 years handling injury and death cases he has found that
there are some common questions most clients have regarding
their legal rights.
Below are some of these
Frequently
Asked
Questions
and their general answers.
These answers may address some
of your concerns but do not constitute legal advice to
anyone.
For legal advice about your
particular case you may contact our office or another
attorney of your choosing.
Do I need
a personal injury attorney?
ANSWER:
Most law firms, including ours, will provide a free
consultation so you can determine if you would benefit from
legal representation. The key question is whether an
experienced attorney can do substantially better pursuing
your legal claim than you can do on your own. We bring the
threat of trial by jury to the insurance company which often
is enough to bring your case to a fair conclusion not
otherwise possible without the help of an attorney
experienced in personal injury and wrongful death law.
Are there any time limits for pursuing my claim?
ANSWER: Yes, there are
time limits for the bringing of personal injury and wrongful
death cases and they are very important. All legal claims
are governed by Statutes of Limitations which are time
periods in which a lawsuit must be filed or you will lose
your claim. These time periods are different in each state
and vary for the particular legal claims you can make. It is
important that you consult with an attorney as soon as
possible so you do not lose your legal rights.
Should I go back to
work?
ANSWER: If your doctor
has released you to go back to work and you believe you are
able to do so then you should return to work. If your doctor
has not authorized you to return to work you probably should
not do so. We always recommend that you should work if at
all possible as we believe that jurors will be more fair
with people who attempt to work despite their injuries. If
your employer has filled your position or has fired you
because of your accident this is a factor in your lost
income claim, but you should start looking for a new job as
soon as possible.
How much is my case
worth?
ANSWER: That depends
entirely on the facts--both liability (fault) and injuries
(damages). Ultimately your case is worth exactly as much as
the jury says it is worth, no more and no less. The only way
to evaluate a claim to determine what it may be worth is to
fully investigate the facts, research the law and evaluate
the entire case. There are no books that place a specific
value on each case. Cases are evaluated by your attorney
after he has collected all the necessary information and
applied his experience to the county and court in which your
case will be pursued.
What kind
of damages can I recover?
ANSWER: There are two
types of damages which may be recovered in a personal injury
or wrongful death case. Those damages are generally
described as economic damages and non-economic damages.
Economic damages include past and future medical expenses,
past and future lost earning and loss of earning capacity.
Non-economic damages include such things as the pain you
have suffered, the inability to do things you did before
your accident, scarring or disfigurement, mental or
emotional distress, and the consequences experienced by your
spouse or your family. An experienced attorney can help
identify all the items of economic and non-economic damages
to which you may be entitled in your particular case.
Will I have to go
to court?
ANSWER: If your case is
tried you will usually have to testify to explain the
accident and how you have been injured or damaged.
Otherwise, you will probably never have to "go to court" as
most court matters are handled by your attorney. Your
attorney will help you prepare for any court appearances and
will be there to help you through them. Our goal is to make
the process as easy on our clients as possible. Most cases,
when well prepared by and experienced attorney, get settled
before they go to trial.
You as the client will decide
whether to settle your case out of court or to go to trial.
How are attorneys paid in personal injury and wrongful
death cases?
ANSWER: At our office
and at most other law offices which handle personal injury
and wrongful death cases your attorney will get paid an
agreed upon percentage out of the recovery. This means that
you do not have to pay your lawyer unless a recovery is
made. If no recovery is made, you owe no attorney fee. While
some law firms may require their out of pocket expenses to
be reimbursed whether or not there is a recovery, our law
firm usually requires reimbursement only when we are
successful and our client has recovered damages.
Should I use my health insurance when someone else
caused my injuries?
ANSWER:
Yes,
you have paid a premium for your health insurance and you
are entitled to the benefit of your coverage. If you do not
use your health insurance you will usually have to pay your
medical bills out of your settlement thereby reducing your
recovery by the amount of the medical bills which should
have been paid by your health insurance provider. If you use
your health insurance to pay for your medical expenses as
they are incurred you will net more dollars out of the
settlement you get from the party who caused your loss.
Do I have to reimburse my health insurance provider if
they pay for medical expenses I incurred because of someone
else’s negligence?
ANSWER:
In Missouri, if your health insurance coverage is
provided by an insurance company through a policy of
insurance you do not
have to repay your carrier out of your
recovery. Generally, the only time you will have to make
reimbursement out of your settlement is when your coverage
is provided through a self-funded plan not funded by an
insurance company. An experienced attorney can tell you
whether or not you have any legal duty to reimburse your
health insurance provider out of your settlement.
Should I sign a medical authorization for the other
insurance company?
ANSWER:
No, you should not sign a medical authorization because
it will usually be overbroad and unlimited in scope allowing
the insurance company to obtain medical records which may
not be relevant to your case. If you have already signed a
medical authorization before you hire an attorney, your
attorney can rescind or revoke the medical authorization and
provide the insurance company only the medical records they
are entitled to and nothing more. Medical records which have
nothing to do with your case are nobody’s business but yours
and should not be provided to the insurance company for the
party that caused your injuries.
Should I give a recorded statement to the insurance
adjuster?
ANSWER:
No, you should not give a statement to the other party’s
claims adjuster. The adjuster is not on your side and is
trained to do everything possible to defeat or diminish your
claim. Unless you get legal advice before you give a
statement, you may end up making statements which will be
difficult to overcome should a lawsuit be necessary. If you
have already given a statement before you hire an attorney,
your attorney can obtain a copy of that statement and try to
correct any errors or mistakes which may adversely impact
your case if left uncorrected.
The insurance adjuster says that I do not need a
lawyer--do I?
ANSWER:
This comment should always raise a red flag telling you to
at least consult with an attorney. Insurance companies are
not on your side despite slogans such as, "You're in Good
Hands with Allstate.” Insurance adjusters are usually
evaluated by how well they protect their companies’ interest
by saving the company money. On the other hand, personal
injury attorneys work for you and have a legal duty to act
in the best interests of their clients. Our job is to make
sure that you receive all that you are entitled to under the
law.
How do I go about choosing the right lawyer to handle my
case?
ANSWER:
The
choice of a lawyer is an important decision and should not
be based solely upon advertisements. Many lawyers advertise
on television who have little if any experience in the trial
of personal injury and wrongful death cases. One of the best
ways to choose the right lawyer is to research the attorney
the same way lawyers research one another – by going to the
Martindale-Hubbell Law Directory. By researching an attorney
through Martindale-Hubbell Law Directory you can make sure
you select a lawyer with an “A” rating by his fellow peers,
lawyers and judges. If your case involves a serious injury
or death, you can also research whether or not the attorney
has been selected by his peers to be included the
Best
Lawyers in America or whether he or she has been selected
for inclusion in the
Million Dollar Advocates Forum or the
Multi-Million Dollar Advocates Forum.
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