Texas Trial Lawyers » Insurance Claims http://www.texastriallawyers.com/blog Just another WordPress weblog Tue, 31 Jan 2012 20:13:52 +0000 en hourly 1 http://wordpress.org/?v=3.0 Texas Insurance Companies Press “Family Pay Law” http://www.texastriallawyers.com/blog/texas-insurance-companies-press-%e2%80%9cfamily-pay-law%e2%80%9d/ http://www.texastriallawyers.com/blog/texas-insurance-companies-press-%e2%80%9cfamily-pay-law%e2%80%9d/#comments Wed, 04 May 2011 18:12:05 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1274 The lobbyists in Austin for the insurance companies are once again seeking to put insurance companies in the driver seat over the interests of Texas families. In what is called the “loser pay” bill – only applies to Texas families who would have to pay the insurance companies legal fees.

This ill-conceived bill is nothing more than once again seeking to get the insurance companies power over Texas families and further there take it or leave it lowball tactics. In effect, it makes a Texas family stand responsible for and have to pay the insurance companies lawyers if they win the case but don’t recover enough money. The real problem in Texas is the frivolous defense by the insurance industry -which is forcing expensive litigation on innocent victims in Texas.

Not only does the family pay law not have provisions where the insurance company has to pay the Texas families legal fees when the insurance company loses- it only makes Texas families responsible for excessive litigation cost of the insurance company and will prevent legitimate insurance claim cases from moving forward under the threat of huge legal fees.

This one-sided pro insurance legislation is a travesty for Texas families and will make real and legitimate claims almost impossible to settle for the victim without litigation because the insurance company will be given such a huge advantage. People with legitimate claims will be stuck with no justice or the possibility of going bankrupt -having to pay the insurance companies legal fees even if they actually win the lawsuit but are not awarded enough money.

Call your Texas representative and tell them to vote no on the loser pay bill and tell your representative it is time to put Texas families first and not insurance companies. SOMETHING STINKS HERE!

]]> http://www.texastriallawyers.com/blog/texas-insurance-companies-press-%e2%80%9cfamily-pay-law%e2%80%9d/feed/ 0 The Real Impact of a Car Accident http://www.texastriallawyers.com/blog/the-real-impact-of-a-car-accident/ http://www.texastriallawyers.com/blog/the-real-impact-of-a-car-accident/#comments Fri, 25 Mar 2011 21:36:39 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1204 The long-range impact of a vehicle collision to its victims is rarely given any thought unless you or your loved ones are the ones injured in the accident. Then the following information becomes very relevant.

The immediate worries of a car or truck crash are injuries that occur at the time of impact. For instance, if your vehicle has been t-boned, flipped and rolled or struck head-on – as the scene settles one must figure the extent of injuries of each of the persons in the car or truck. Are they conscious and/or speaking? Can they move? Are they stuck in a mass of metal and must be cut out?

When rescue workers arrive and victims are taken to the hospital – the onsite physicians diagnose the extent of injuries to each person and these may run anywhere from minor to catastrophic. In that case the next worry is how long a person may stay in a hospital and how well they will recover. Will there be long-term effects that forever alter the quality of life? During this traumatic time most people are not concerned with the costs associated with hospitalization and only worry about a victim’s return to health.

But, eventually, the realities of the cost of an accident come to roost. If you are a victim of a car accident and get hit by an uninsured driver or one with small insurance limits then these concerns fall to you. If you do not have good health insurance then you can expect the hospital to discharge you in record time leaving you to try to obtain and pay for necessary medical treatment.

The long-term physical, emotional and financial impact of an auto accident can resonate for months or years in a person’s life. Drive defensively.

Greg Baumgartner is a Texas personal injury lawyer and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with an accident lawyer call the Baumgartner firm.

Texas personal injury lawyer

]]> http://www.texastriallawyers.com/blog/the-real-impact-of-a-car-accident/feed/ 0 Insuance Company Abuses http://www.texastriallawyers.com/blog/insuance-company-abuses/ http://www.texastriallawyers.com/blog/insuance-company-abuses/#comments Sat, 19 Mar 2011 16:42:31 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1178 It will probably come as no surprise to readers that even after Americans spend billions of dollars on vehicle insurance that the companies are not as forthcoming in paying out on claims. Oh sure, they’ll parade themselves across television and other media ads as sensitive, honest, forthright and forthcoming – forever declaring that their number one interest is their customers. But the reality is simply that they are ‘in it for the money’ and are stingy at the very times when they need to be fair.

According to one news source the automobile insurance company whose moto lulls a person into believing that they have your best interests at heart, has been singled out by some as the ‘worst insurance company anyone could have for automobile coverage’ – particularly if you are traveling in one coastal state. Reports suggest that in an investigation by the New York Insurance Superintendent it was uncovered that the software used by the company was originally ‘formulated to minimize the human interaction in claims adjusting while at the same time limiting the monetary payout’ Ouch.

So, in light of these findings – which I would suggest this and other companies are certainly aware of the conduct to begin with and only awaiting someone else to figure it out – New York have implemented a number of measures (which are too in-depth to share in this article – although if interested you could research this topic on the web) that will help ensure that – to be concise – the consumer does not get ripped off.

It sure would be nice if Texas leaders sought to protect Texas families against the insurance companies abuses for a change.

My final word of caution – it is probably worthwhile to research the insurance companies you deal with – as always an ounce of prevention is worth a pound of cure.

Greg Baumgartner is a Texas personal injury lawyer and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a Texas accident lawyer call the Baumgartner firm.

]]> http://www.texastriallawyers.com/blog/insuance-company-abuses/feed/ 0 Dealing with Insurance Companies http://www.texastriallawyers.com/blog/dealing-with-insurance-companies/ http://www.texastriallawyers.com/blog/dealing-with-insurance-companies/#comments Tue, 11 Jan 2011 21:40:35 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1068 One of the most frustrating parts of being in a serious accident, for most people, is dealing with the insurance company. It is bad enough that you or a loved one have suffered injury and are trying to recover; now you have to deal with an adjuster who may be extremely difficult and insensitive to your needs.

In fairness to the insurance industry, not all adjusters are confrontational and insensitive. In fact, many times when you are dealing with your own insurance company, they are helpful and friendly.

When you are dealing with a third-party insurance company, it is a completely different story. Alternatively, if the guilty party had no insurance and you are making an underinsured motorist claim or an uninsured motorist claim, you can be fairly safe in assuming it is not going to be fun dealing with your own insurance company.

I am not a psychologist, and can only speculate on the motivation of the corporate offices in directing the confrontational and unreasonable actions that I hear about frequently.

Some feel that the insurance companies are trying to keep down claims by beating down claimants. Others blame the failure of Texas to regulate abusive claims handling practices leaving Texas families to fend for themselves or to hire a Texas personal injury lawyer.

If you have been in a serious accident in Texas it may be a good idea to obtain a free consultation from a Texas personal injury attorney whether or not you handle the claim yourself.

]]> http://www.texastriallawyers.com/blog/dealing-with-insurance-companies/feed/ 0 Drunk Driving Accident Defendants http://www.texastriallawyers.com/blog/drunk-driving-accident-defendants/ http://www.texastriallawyers.com/blog/drunk-driving-accident-defendants/#comments Fri, 07 Jan 2011 19:27:53 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1062 Houston leads the nation in fatal drunk driving accidents. It is a dubious distinction and one that Houston officials are trying hard to rectify.

While criminal prosecutions are on the upswing from drunk driving arrests, many times for the victim the only real justice is the civil lawsuit, knowing someone is in jail does not help pay your family’s medical bills or put bread on the table for your family when you are seriously injured.

Frequently, drunk drivers have minimum insurance policy limits and the accidents tend to be very serious. In those cases, if the victim has underinsured motorist coverage their own carrier ends up as a defendant in a downtrodden accident lawsuit. Most  Texas underinsured motorist carrier’s are given the luxury of requiring a jury verdict of their policy holder before the insurance company’s obligation to pay a legitimate claim can be enforced against them. While it is a travesty that in Texas insurers are forcing litigation on their policyholders that is the way it is.

Another potential defendant in a drunk driving accident case is a bar or club in the event they served the drunk driver after it was apparent that he or she was obviously intoxicated. While it is difficult to hold responsible a bar or a club in Texas, it can be done and often it is the only hope for the seriously injured victim.

Other times, the automobile manufacturer may be a defendant when a product defect contributed to the injury or wrongful death of the victim. Because drunk drivers are more likely to be involved in serious accidents a good percentage of product liability cases also involve drunk drivers. That a drunk driver caused the accident does not give a manufacturer license to sell a dangerous product.

]]> http://www.texastriallawyers.com/blog/drunk-driving-accident-defendants/feed/ 0 Lawsuit Abuse in Texas – You Bet- by Insurance Companies http://www.texastriallawyers.com/blog/lawsuit-abuse-in-texas-you-bet-by-insurance-companies/ http://www.texastriallawyers.com/blog/lawsuit-abuse-in-texas-you-bet-by-insurance-companies/#comments Mon, 27 Dec 2010 00:56:44 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1046

In Texas six years ago we had “tort reform” which has led to numerous abuses by the insurance industry of Texas consumers. Among the chief abuse that is rampant in Texas today is forcing Texas families to go to court to obtain a fair shake from the insurance company.

If there is any lawsuit problem in Texas it is squarely the responsibility of the unfair and abusive claims practices by the insurance industry, brought upon by “tort reform” and the failure to regulate abusive claims handling practices in Texas.

Texas has become the de facto profit center of many large insurance companies much to the detriment of Texas families who purchase their insurance. When a Texas family who is victimized by a drunk driver, or other wrongdoer is forced to file an expensive lawsuit to obtain any semblance of fairness from an insurance company-is a travesty and insurance company abuses of the Texas legal system needs to be addressed by our representatives in Austin.

Time and time again when Texas families deal with insurance companies they find the situation untenable and in other states such conduct is not permitted. In Texas, insurance companies are reaping the profits with ever higher premiums and Texas consumers who buy the insurance suffer.

Do we have lawsuit abuse in Texas — we have insurance company lawsuit abuse on everyday basis. Forcing expensive trials to deter legitimate claims is wrong. It is time that our Texas representatives put families first and not insurance companies profits.

Greg Baumgartner is a Houston 18-wheeler accident lawyer and the founder of the Baumgartner law firm, which is dedicated to helping injury victims seek civil justice. For a free no obligation consultation with a personal injury attorney in Houston call the Baumgartner firm.


]]> http://www.texastriallawyers.com/blog/lawsuit-abuse-in-texas-you-bet-by-insurance-companies/feed/ 0 Car Insurance Crisis in Texas http://www.texastriallawyers.com/blog/car-insurance-crisis-in-texas/ http://www.texastriallawyers.com/blog/car-insurance-crisis-in-texas/#comments Mon, 20 Dec 2010 15:29:51 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=1035 January 1, 2011 Texans will find that the minimum level of liability insurance has increased to 30,000 per accident. That is a good thing for Texans given the escalating costs of healthcare and the incidence of uninsured motorist accidents increasing in Texas.

The crisis comes from increased rates that are estimated to be from 3 to 5% to the average Texas family. Texas already has some of the highest insurance costs in the country and cost have continued to escalate despite record profits for insurance companies doing business in Texas and the very low rate of premiums actually paid out on claims. In effect, Texas has become a honey hole for insurers at the expense of Texas families.

Five years ago we had a pretty radical tort reform and were promised by the politicians selling it that our insurance rates would drop. They didn’t. Now they are going up again despite paying out lower rates than most states would find acceptable and claims handling practices that have become actionable in other states.

It is high time that Texas families stood up and demanded that their interests be protected and not insurance companies. Texas families who have become victims in a car accident quickly learn that the insurance company is anything but on their side and they feel victimized a second time.

Greg Baumgartner is a Houston personal injury lawyer and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a Houston accident lawyer call the Baumgartner firm.

]]> http://www.texastriallawyers.com/blog/car-insurance-crisis-in-texas/feed/ 0 Personal Injury Damage Claims http://www.texastriallawyers.com/blog/personal-injury-damage-claims/ http://www.texastriallawyers.com/blog/personal-injury-damage-claims/#comments Mon, 18 Oct 2010 00:40:55 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=940 Those who suffer a personal injury have a right to compensation. What constitutes a personal injury? It is damage done to a person’s body, mind or emotions caused by the negligent actions of another person.

Our state law provides that each person owes his or her fellow citizens a reasonable standard of care in their actions around others. If this is breeched then you have the ability to seek redress by filing a lawsuit against the ‘defendant’ for rightful compensation.

So what are some examples of bodily, mental or emotional injury? Of course, injuries sustained in a vehicle collision are one type of bodily injury but there are literally hundreds more.

Another example is if you are injured by an unreasonably dangerous product- we have all heard about the recall of some firestone tires and other products, if such a product causes you harm you may be entitled to pursue a legal claim against the manufacturer of the product.

What would be an example of an emotional or mental injury? Several common types quickly come to mind. If you have suffered a serious injury that has you depressed that may be an element of a legal damage claim, or is you have lost a loved one in a wrongful death accident the emotional trauma can be a large part of a damage claim.

Personal injury is a serious concern. One should never allow themselves to continue to suffer the negligence of others. The law is on your side.

Greg Baumgartner is a Houston accident lawyer and the founder of the Baumgartner law firm, which is dedicated to helping injury victims seek civil justice. For a free no obligation consultation with a personal injury lawyer in Houston call the Baumgartner firm.

]]> http://www.texastriallawyers.com/blog/personal-injury-damage-claims/feed/ 0 Free Consultations on Injury Cases http://www.texastriallawyers.com/blog/free-consultations-on-injury-cases/ http://www.texastriallawyers.com/blog/free-consultations-on-injury-cases/#comments Wed, 06 Oct 2010 19:17:25 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=914

Baumgartner Law Firm 281-587-1111

Houston personal injury lawyer Greg Baumgartner offers a free consultation for anyone who has been seriously injured or has lost a loved one in an accident. The free initial consultation is a chance for potential clients and their families to discuss liability, potential causes of action, legal options and any obstacles that relate to their potential personal injury claim.

The Baumgartner law firm will be happy to answer questions on an accident case and even if it is a matter that the firm cannot help you with, they will try to point you in the right direction.

We offer telephone consultations, in office meetings and when potential clients cannot travel due to injury, home and hospital consultations are available.

If you have been seriously injured in an accident or feel you may have a wrongful death claim for the loss of a family member and you would like to know your legal options contact the Baumgartner law firm.

We are available 24 hours a day seven days a week to take your calls and answer your questions. There is no obligation for the free initial consultation.

Attorney-client relationships are only created by the execution of the written fee agreement signed by a potential client and a representative of the Baumgartner law firm.

To speak with a Houston personal injury attorney about an accident or wrongful death claim call us at 281-587-1111.

]]> http://www.texastriallawyers.com/blog/free-consultations-on-injury-cases/feed/ 0 Underinsured Motorist Claims in Texas http://www.texastriallawyers.com/blog/underinsured-motorist-claims-in-texas/ http://www.texastriallawyers.com/blog/underinsured-motorist-claims-in-texas/#comments Sat, 28 Aug 2010 12:57:48 +0000 texastriallawyers http://www.texastriallawyers.com/blog/?p=819 Underinsured motorist coverage is a huge problem in Texas and across the country. While nearly every state requires by law that drivers carry adequate insurance – the reality is much different. Some studies place the average nationwide number of uninsured drivers at 14% – although some states found that up to thirty percent of their drivers were uninsured (Colorado) while others claim less than 5% are uninsured (Maine). This means that 14 out of 100 drivers on the road is uninsured and the problems this causes are played out regularly in courtrooms around the United States as victims attempt to wrest recompense for damages from a perpetrator who often has little or no assets.

Texas law requires that automobile insurance policies include personal injury protection (PIP) and uninsured motorist protection (UM/UIM) unless you reject this coverage in writing. Also, often as a condition of your automobile loan, your lender may require you to purchase other types of coverage, such as collision or comprehensive coverage, to pay for any damage to your vehicle.

What should you do if you are hit by an uninsured motorist? First, do not wait until the moment of reckoning to have a plan in place for this eventuality. As the previous statistics have shown – any driver has a chance of being hit by an uninsured driver! With this in mind one should understand that no matter how unfair it may seem – you may be liable to pay for your damages out of pocket. One thing is for sure – never let the driver off with the simple plea that they’ll be happy to pay for your expenses over time. CALL THE POLICE and get the accident on record. Also flag a passing motorist to serve as a witness to the accident and./or the subsequent proceedings. If someone is willing to gamble injury and property damage to themselves or others by driving without insurance – they are not likely to be willing to pay out of pocket without legal intervention.

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