07 Feb What the Texas “Loser Pays” Law Means for You
The state of Texas somewhat recently passed a statute which can affect the face of the legal landscape relating to individuals seeking compensation for personal injury and medical malpractice cases. This new law, also known as “Loser Pays” forces a losing plaintiff to pay the defendant’s legal and associated fees if they fail to win a certain percentage of the money initially offered for the case from insurance agencies.
This law is prevalent in most of Europe and serves to only protect the defense, as well as intimidate plaintiff’s lawyers and their clients from filing a lawsuit. If, for example, a plaintiff brings up a case against a hospital which caused some form of injury resulting from medical malpractice, the plaintiff must make sure than even if he wins the case, he now must win a certain amount of the money in order not to pay the hospital’s legal fees. At the same time, the statute does not recognize contingency fee agreements, meaning that any kind of case which is being tried under a contingency fee basis won’t escape the scepter of legal fees owed by the plaintiff if they should lose.
Most individuals seeking legal help simply don’t have the financial clout to go up against big corporations and powerful insurance companies. This new law is in direct contravention of the United States constitution, as well as the right to a free and fair trial. Brought forth by the governor of Texas in conjunction with a select group of republican party members, the law is in line with the ‘tort reforms’ currently being undertaken by the state. Neighboring states are also at risk of having the law enacted into their legal system in case opposition efforts fail in Texas.
The Loser Pays law is designed to help big insurance companies with limitless pockets, putting the ordinary Joe at a clear disadvantage. One of the best ways you can protect yourself from this law is to seek a free consultation from a competent Texas personal injury law firm which has an exceptional record when it comes to winning cases.
Rasansky Law firm is a dedicated and respected law firm, and we’ve won personal injury cases over the past 20+ years. Please get in touch with us for free by calling 1-877-659-1620 with details of your case so we can advise you on how to move forward.
1-877-659-1620
Sorry, the comment form is closed at this time.