Injustice in Texas
Personal Injury Attorney - Dallas, Texas
Hello and welcome to my blog.My hope is to use this blog as a message board to the public concerning recent changes in Personal Injury law in Texas. Recent changes in the law have created a devastating state of injustice in Texas. These changes include removing the open courts provision from the Texas Constitution, placing tremendous and unreasonable limitations on recovery for those who have been severely injured, and setting a statutory standard for our emergency room doctors which makes negligent care the accepted standard of care in our emergency rooms. Under the new laws established for Medical Malpractice in Texas, an emergency room doctor is not liable for such things as removing the wrong leg on a patient during an emergency amputation!
Our Governor and Legislature have all but abandoned the common man. Big businesses and insurance companies are being insulated and protected by our government, while the common man’s rights and protections are whittled away. Perhaps the most disturbing part in all of this is the fact that big businesses and insurance companies (along with the politicians who reside in their back pockets) have poured money into misleading advertising which has been utilized to trick the citizens of Texas into voting for legislation that removes their legal rights.Perhaps you recall receiving telephone calls from your doctor’s office during the fall of 2003 . . . Medical nurses and administrators were asking you to vote “yes” for Proposition 12. Posters were hanging in most doctor’s offices, crying out to “Save Your Doctor.” Proposition 12 was successful and passed in September 2003. It was advertised to the citizens of Texas as a measure which was needed to limit excessive awards in Medical Malpractice cases . . . In reality it granted the legislature the ability to remove the Texas citizens’ constitutional right to access to the Courts as was guaranteed by the Texas Bill of Rights. Our Bill of Rights has long included an open courts provision which reads as follows: “All courts shall be open, and every person for an injury done him, in his lands, goods, person, or reputation, shall have remedy by due course of law.” As a result of trickery and a very misleading advertising campaign pushed by politicians and insurance companies, the Texas citizens unwittingly voted to amend the Texas Constitution and thereby restrict their own right to access to the Courts from the Texas Constitution.
In the coming days and months, I plan to provide more information to the public in effort to expose the truth to those people with an interest in reading it. I would also be happy to answer specific questions of interest in personal injury law for those who would like to submit them.


There are auto insurers and their MGA’s out there excluding family members from auto policies just because they show up as living at the same specific address on a data search. If you are injured in an accident as i was hit by one of these excluded drivers as she ran a red light and hit me while i was on my motorcycle they use this exclusion as the reason to deny the claim. I understand that people can be legally excluded from policies under circumstances such as having a revoked or suspended drivers license or a history of reckless driving, but “Just because they live at the address” I’m sueing the insurer and MGA Pro se. My suit is not for damages for the motorcycle accident, it is for Unfair Methods of Competition and Unfair or Deceptive Acts or Practices as described in the Insurance Code. My goal is to have this practice of exclusion declared illegal freeing the people that have been denied claims to be reimburse their losses. Do you have any advice for me.
Thanks, Mike
Comment by daddee2000 — September 22, 2007 @ 11:18 pm
Mike -
The weakness in your approach is that under the law the opposing driver’s insurance does not owe you any duty. Their duty is owed to their insured. The typical approach is to sue the opposing driver and, after obtaining a judgment, release the opposing driver from the judgment in exchange for his or her right of action agaist his own insurance company. It is also vital that you obtain a copy of the actual policy for the opposing driver. If your accident occurred less than 2 years ago, then you should still have time to modify your suit to include the opposing driver. There may also be additional causes of action that you could consider. Feel free to contact me if you would like to discuss this further. You may obtain all of my contact information at www.steelelawfirm.com
Comment by Dina Steele — September 23, 2007 @ 11:17 am