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366 Merrimon Ave., Asheville, North Carolina 28801
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Frequently Asked Questions

The Law Firm of John C. Hensley, Jr., P.C. understands that you have questions about your serious personal injury case. Lawyers and staff here strive to answer every question asked, but some clients may feel more comfortable looking for answers on their own. Please find below some of the most common questions on medical malpractice and personal injury cases and corresponding answers.

Helping you make a financial recovery from your injuries

For updates and answers on specific matters pertaining to your personal injury claim, please call 828-348-0092 or contact The Law Firm of John C. Hensley, Jr., P.C. online today.


Who is liable for medical malpractice and who can sue for compensation?

Any medical/healthcare professional, including a physician, nurse, therapist, pharmacist or other provider, who has caused injury to a patient because of professional negligence or substandard care may be named as a defendant.

Also, the professional’s employer — hospital, HMO, Professional Corporation, etc. — can be sued.

A patient injured due to medical negligence — or a family member if the victim is unable — can file suit. When someone dies as a result of medical negligence, the patient’s family may sue for wrongful death.

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Is medical negligence common?

Yes, more than you know. The Institute of Medicine of the National Academy of Sciences estimates there are up to 98,000 deaths a year from malpractice in hospitals alone, plus the thousands of malpractice deaths outside hospitals, in addition to the hundreds of thousands of injuries from malpractice per year in the United States.

But only a tiny percentage of malpractice victims or their survivors ever make a claim or file a lawsuit for the injuries or deaths. In North Carolina, you have just three years from the date of the action or inaction that caused your injury, or two years from the date of the discovery of the injury. These laws and cases are complex, and the sooner you engage an experienced medical malpractice attorney, the better your chances are to recover compensation.

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How do I prove my case?

A plaintiff in a medical negligence case must establish through evidence that:

  • The plaintiff was entitled to a reasonable standard of care
  • The defendant was negligent (rendered substandard care)
  • The negligence was a proximate cause of injuries
  • The plaintiff suffered damages as a result.

All four elements must be proven.

The Law Firm of John C. Hensley, Jr., P.C. has a nurse on staff who can help evaluate your case, and the firm consults licensed doctors who are familiar with the standard of accepted medical care for the medical specialty involved. Their expert testimony is almost always required to prove negligence and causation of damages by defining the standards, how the defendant violated them, and the damage caused by the substandard care.

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How will I pay for your time and expenses?

At The Law Firm of John C. Hensley, Jr., P.C., we handle personal injury and medical malpractice cases on a contingency fee agreement. Our firm receives a percentage of the financial recovery made by the client as a result of the prosecution of the case. We generally do not expect the client to pay any of the expenses of developing the case until a recovery is made. Expenses are reimbursed from the settlement. In the event no recovery is realized, we do not typically expect the client to repay the out-of-pocket costs for developing the case.

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What expenses are involved?

The prosecution of a medical malpractice case is expensive. Our attorneys must obtain all the medical records and hire experts. They must conduct depositions, usually across the country, with substantial court reporter fees required. Time must be dedicated with our paid experts to creating strategies and preparing for court. The investment also includes costs for exhibits and technology to fully demonstrate our clients’ devastating injuries. These are the major expenses.

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Should I provide a statement to an insurance company without a lawyer’s help?

It is in your best interest to provide only your contact information to an insurance company until you consult with a lawyer. The more significant your injuries, the more imperative it becomes to seek legal counsel before providing any statement.

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What determines the amount I might recover?

Many factors determine how much compensation you may receive, including the severity of your injuries, your past medical history, and the amount of insurance coverage that the responsible person or company has.

Every case addresses three issues:

  • Liability — establishing someone’s negligence
  • Damages — the amount that will fairly and adequately compensate you for your injuries
  • Source of collection — insurance or other assets from which damages can be recovered

An experienced personal injury lawyer reviews and interprets your case information to determine the appropriate value for your claim:

  • Incurred medical bill amount
  • Future medical bills
  • Loss of past income
  • Your age
  • Any permanent limitations caused by the injury
  • Impact on future earning capacity
  • Activities you can no longer do
  • Activities you can do but do not enjoy as much
  • Prognosis for further problems
  • Strength of lay witness testimony

The goal is fair and adequate compensation for your injury. An experienced attorney at The Law Firm of John C. Hensley, Jr., P.C. will know what a reasonable jury would award. The strength of eyewitness and expert witness testimony will likely influence the amount.

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