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May 4, 2011

Why Texas Loser Pay Law is Really a Family Pay Law

An insurance defense lawyer backed by special interest lobbyists from the insurance industry have submitted a bill known as the loser pay law. The name in itself is misleading and fraudulent in that the loser does not pay attorneys fees -only Texas families will pay attorneys fees under the bill.

In truth, it is not a loser pay law- it is a only one party pays-Texas families. Specifically what the bill is designed to do is to make Texas families who are forced to file a lawsuit defended by an insurance company to pay the insurance company's lawyers if they don't cover enough money.

When an insurance company fraudulently denies a legitimate claim and a family wins the lawsuit-the insurance company who lost the case and have mounted a frivolous defense does not have to pay the legal fees of the Texas family.

It is NOT A LOSER PAY LAW! INSURANCE COMPANIES DONT HAVE TO PAY-ONLY FAMILIES ARE ASKED TO PAY THE INSURERS LAWYERS!!

However, when a Texas family brings a claim if they win the case but don't recover enough money under this bill they will be required to pay the legal fees of the insurance company. This unfair pro-insurance -anti-family law is a travesty and should cause outrage by Texas families.

Texas is faced with a frivolous lawsuit problem right now and that is that insurance companies are forcing litigation on Texas families by denying legitimate claims and then using in-house or employee lawyers to fight the case.

In other words insurance companies are making it so expensive for a family to process a claim because they have to go to court for any type of fairness. Given the family pay law that is proposed by the insurance lobby- insurance companies abusive claims practices in Texas will be multiplied by 10.

Texas does not regulate its insurance industry claim practices and that has led to numerous abuses by insurance carriers at the expense of Texas families.

This new bill will make that situation much worse and anytime you put an insurance company's interest above a Texas family-something stinks.

Call your representative and tell them to vote no on the Texas family pay law!
Similar posts: Texas family pay law
http://www.texastriallawyers.com/blog/texas-insurance-companies-press-"family-pay-law"

November 8, 2010

Frivolous Lawsuit Defenses

One fact that has come about from "tort reform" has been the explosion of frivolous litigation defenses. In a nutshell, tort reform has given legs to the conduct by many insurance carriers and the representatives they employ calculated to do nothing but delay and raise the cost of a victim bringing a legitimate claim.

Frivolous defenses are seen each and every day in Houston and all across Texas. Insurance companies have been given free reign to delay, deny and run up the cost of litigation without consequences.

Additionally, and more importantly, frivolous defenses have served to radically run up the number of lawsuits that must be filed for a victim to get any kind of justice.

In effect, frivolous defenses have increased lawsuit filings by over 50% in Harris County. At least twice as many lawsuits get filed now by legitimate victims because of frivolous defenses and strategic choices to run up the cost of making a claim on the victim.

It is time that Texans said "no more".

It is time that Texas put families first and big insurance companies treat people fairly or face real consequences.

Do not let drunk drivers, criminals and irresponsible parties leave victims holding the bag and becoming victims all over again.

If defendants mount frivolous defenses and lose, Texas families need amendments to the tort reform act requiring defendants to pay for their frivolous lawsuit conduct and forcing victims to bring lawsuits just to be treated fairly.

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May 3, 2010

You cant take back an accident!

In our blogs we often refer to 'injuries' as a result of automobile or semi truck accidents. While not wanting to alienate my readers by providing extremely graphic information - we will offer some general examples for your edification.

Bodily injuries run the gamut of minor to critical or life-threatening. Depending on the severity of the accident one may simply sustain inconsequential cuts, bruises and other abrasions - and can walk away from the accident.

More serious injuries include broken bones - which, by the way, are painful and take not a small amount of time to mend - and open wounds. The most serious injuries are traumatic brain, neck and spinal cord damage as well as internal injuries to any vital organs.

An average of 50,000 Americans die in traffic accidents each year. Realizing this, it is simple to understand why there is a need for auto insurance companies as well as law firms that specialize in vehicular injuries and fatalities.

The specifics of each accident are unique but their cause can usually be traced to a handful of reasons or common themes - as it were. Distracted and drunk driving are the leading causes of automobile accidents.

Most of the time a driver does not intend to injure or kill an innocent stranger (or strangers). Instead, they have simply taken leave of their senses. I would guess that 100% of those drivers who cause accidents that result in bodily injury or death to another person would gladly undo their actions if they could.

Unfortunately, you can't turn back time. Think about that - and imagine for a moment if the person with the broken bones or life -threatening injuries was your loved one.

That's a mental picture that would make most drivers take their driving responsibility more seriously and realize how unjust tort reform really is to benefit wrongdoers and the expense of the real injury victim.

Drive safely please - the life you safe may be someone else's.

Continue reading "You cant take back an accident!" »

April 7, 2010

Texas has one fatal truck crash every day

It is the unfortunate reality that hundreds of accidents occur on Houston roadways annually. Worse is knowing that most of these accidents could have been prevented with a little - if not an abundance - of caution.

The scope of the problem can be considered to be at epic proportions. In a recent year over four hundred deaths in Texas occurred due to accidents between semi tractor trailers and automobiles.

In simpler terms - an average of fifty large truck accidents happen on Texas roads every single day - one of which results in a fatality on a daily basis.

The occupation of semi truck driver has stressors unique to the job. Moreover, the trucking industry is designed to encourage drivers to take unnecessary risks in order to increase their earnings.

Most commercial trucking companies have structured their pay scale so that the driver gets paid for moving goods between two points as quickly as possible.

In short, the more trips a truck driver makes the more money he is able to earn. Unfortunately this has led to a number of risky behaviors on the part of semi truck drivers that can lead to tragedy.

Speeding and aggressive driving, fatigue and poor vehicle maintenance are some examples of hazardous driving demeanors that will nearly guarantees tragedy will ensue.

When an accident occurs because of ones negligence then they should be legally liable for any and all damages. Unfortunately, in Texas most folks believed the misstatements and false promises of tort reformers and could never believe that an auto accident or a truck crash will injure anyone in their family.

Continue reading "Texas has one fatal truck crash every day" »