Personal Injury

Texas’s BNSF Railway Company, headquartered in Fort Worth, stated it may appeal a $1.9 million jury verdict issued recently, according to an article in The Fort Worth Star-Telegram. The jury awarded the money to a former employee of the railroad company, who proved that his severe back injuries were caused by years of working as an engineer on the railroad.

The former BNSF engineer explained that the lack of ergonomically correct seats in BNSF’s locomotives took a toll on his health. The jury agreed that the improper seating caused severe spinal cord injuries, and that the injuries forced the former engineer to undergo multiple back surgeries and give up as many as ten years of his career, most of which would have been spent at BNSF’s peak pay rate for engineers. The jury award is based on its finding that BNSF’s negligence caused the engineer’s back and spinal cord injuries, which in turn forced him to give up his pay and retire early.

BNSF announced in a statement that it was considering an appeal of the jury verdict. The railroad company maintains that its locomotive seats did not cause its former employee’s spinal cord injuries. The company also claims that “numerous errors’ occurred during the trial, which it wishes to have an appeals court review.

When it comes to seeking compensation from an employer whose negligence caused your injuries, having an experienced Texas personal injury lawyer on your side is crucial. Choosing an attorney who can build a strong case and has courtroom experience representing the injured can go a long way toward winning the compensation you need after an injury.

The number of dormitory fires in the United States has steadily increased each year since 1980, according to the National Fire Protection Association. In 2006, 4,290 fires were reported in dormitories, student housing, and fraternity and sorority houses. Over three-quarters of dorm fires are started by someone cooking, whether over a stove or by using a hot plate, toaster, or other appliance.

In order to protect yourself or your loved ones from dormitory fires, the National Fire Protection Association recommends several steps you can take before moving in for the semester. For instance, a dorm or house should have a sprinkler system in each room, as well as a smoke alarm. For the best protection, the smoke alarms should be connected so that every alarm will sound if one of them detects a fire. An exit and escape plan is also invaluable.

Since so many dorm fires are the result of cooking, extra care when preparing food is highly important in preventing fires. Cook only in permitted areas, and never leave a cooking meal unattended. Follow the building’s rules about which appliances are permitted and which are prohibited, and never try to cook when under the influence of drugs or alcohol.

Unfortunately, even the best fire safety precautions may fail. An appliance with a hidden defect may malfunction and start a fire, or another person’s carelessness or negligence may cause flames to get out of hand. If the college, landlord, or housing supervisor has not adequately prepared for fires and allowed for proper escape routes, tragedy can result. After a fire, it is wise to discuss your legal rights and options with an experienced Texas injury lawyer.

The holidays are a prime time for fires, according to the U.S. Fire Administration. Christmas trees, wrapping paper, cozy fires and candles, and other holiday trimmings can increase your risk of a fire in your home or business. Every year, approximately 430 homes are burned by fires started by holiday decorations, including Christmas trees and strings of lights.

To avoid the tragedy of a fire ruining your holiday season, follow these safety tips:

• Water your Christmas tree. If you choose a real tree, keeping it well-watered helps prevent fire, because the moisture-saturated branches are resistant to catching fire. A dry tree will catch fire easily.
• Inspect holiday lights. The lights you use should not have any frayed wires, bare spots, broken or cracked sockets, or gaps in the insulation, and they should not be tangled or kinked. If your lights have any of these faults, it’s time to buy new ones.
• Check holiday decorations to ensure they are nonflammable or fire-retardant, meaning they will not catch fire easily. Double-check an artificial Christmas tree to ensure it is made of flame-retardant material.
• Never put wrapping paper in the fireplace. It can create large flames, as well as sparks or embers that may burn people or objects sitting close to the fire. Wrapping paper may also start a chimney fire.
• Use candles sparingly and never leave a candle unattended. Never put candles on a Christmas tree or wreath.
• Make sure you have working smoke alarms and fire extinguishers handy in case a fire starts.

Fires started by a defective product or someone’s negligence or carelessness can quickly ruin your holiday season and cause serious burn injuries. If you or a loved one has been injured by the negligence of another or by a defective product, an experienced Texas personal injury lawyer can fight for the compensation you deserve while you heal and enjoy your holidays.

With Fourth of July celebrations already in full-swing, Dallas residents must remember to be safe around legal fireworks and other potentially dangerous objects. A new study by the U.S. Consumer Product Safety Commission (CPSC) reveals that fireworks-related incidents were responsible for two deaths in 2009 and approximately 9,000 emergency room visits for injuries. According to the CPSC, throughout the 30 days near last year’s holiday, about 6,000 injuries involving fireworks were reported in which half of the injuries related to firecrackers, bottle rockets, and sparklers.

Consumers below the age of 20 are the most prone to fireworks injuries; however, the risk of serious injury or even death still exists for anyone within close proximity of fireworks or other pyrotechnics. Some common fireworks injuries and hazards include:

• Loss of limbs
• Burn injury to the hands, face and head
• Lacerations
• Residential fires
• Wrongful death

Parental supervision is essential when legal fireworks are being used. Never allow young children to set-off or play with fireworks or other gadgets. It is also important to never throw or point fireworks at another individual. To learn more about how you can help prevent serious injuries related to fireworks this Fourth of July holiday, please refer to the CPSC’s website for consumer fireworks safety tips.

While this weekend is a time for celebration in Texas, the importance of consumer safety cannot be stressed enough during the Independence Day holiday. Take every necessary safety measure to protect yourself and others.

A Dallas three-year-old has a new thumb after doctors replaced the digit with one of the boy’s right toes. The three-year-old lost his thumb to the carelessness of a caregiver, reports The Dallas Morning News. When the boy was an infant and in foster care, one of his foster parents put duct tape around his thumb to keep him from sucking it. While the duct tape stopped the boy’s thumb-sucking, it also caused his thumb to develop gangrene, which required an amputation to correct. The boy was removed from the foster parents’ care and was later adopted by two music ministers and child-care professionals.

This spring, surgeons at the UT Southwestern Medical Center in Dallas performed surgery to replace the boy’s missing thumb with a toe. The surgery was an eight-hour procedure and required the use of microscopes to connect tiny blood vessels in the new digit to those in the boy’s hand.

The boy will begin physical therapy in July. So far, he has not found that the lost of his toe – the second one on his right foot – has hampered his ability to run or jump. The boy’s doctors expect his new thumb to grow normally along with the rest of his body.

Injuries that result from the carelessness or negligence of a caretaker sometimes require costly and complicated surgery to correct. While these types of Dallas personal injury cases are often complex, this does not mean that your loved one should not receive the medical attention that he or she needs to recover.

According to a recent Star Telegram article, a 52-year-old maintenance worker at Fort Worth’s Dannon plant died six days after suffering blunt force head and chest injuries during a mechanical entrapment accident. While an independent investigation into the fatal work accident in Forth Worth is being conducted by the Occupational Safety and Health Administration (OSHA), Dannon is also evaluating what conditions may have caused the worker to become pinned by a scissor lift in the plant.

While Dannon claims that they are currently working to thwart similar accidents from happening again, the company also speculates that the accident may have been caused by either equipment failure, the worker inadvertently falling on the scissor lift controls, or another undetermined reason. Any worker injured on the job in Texas may be able to file a workers’ compensation claim with their employer. If it is determined that a third party, such as the manufacturer of defective equipment, was negligent and caused a work injury accident, the injured worker may be able to seek compensation for medical bills, pain and suffering, and loss of past and future wages. Similarly, family members of deceased workers may also seek various forms of restitution for both their loss and the potential financial repercussions associated with losing the family’s primary breadwinner.

OSHA worker fatality statistics reveal that approximately 5,071 workers in the United States died on the job in 2008. Despite state and federal safety regulations and required employee training procedures, some employers or site managers may rush through safety training procedures, overlooking their important responsibilities and displaying an outright disregard for the well-being of their employees.

A March 4, 2010 myfoxdfw.com article reported that a male motorist was killed in a single-vehicle accident at the entrance of the Cedar Crest Park Golf Course. According to the article, investigators covering the accident believe that the man was operating his SUV above the speed limit when driving along Cedar Crest Blvd. At the time of the article’s release, the fatal collision appears to have stemmed from the motorist running a stop sign, traveling onto the curb, and then crashing through a fence and into a tree with tremendous force. As a result of the serious impact of the fatal crash, the engine of the SUV was entirely stripped from the vehicle.

Whether an auto accident in Dallas involves one vehicle or multiple cars, the consequences of high-speed crashes can be devastating for drivers, passengers, and pedestrians. Although it is unclear whether the motorist in the above incident was operating his SUV while under the influence of alcohol, drunk drivers cause far too many injury and fatal crashes on Texas roads each year. According to the Texas Department of Transportation, there were 3,109 fatal crashes in 2008, in which 877 were caused by a motorist driving while under the influence of alcohol. During the same year, 611 people lost their lives in accidents along city streets.

At Steele Law, P.C., our skilled Dallas car accident law firm has helped those injured in collisions caused by another driver’s negligence or distracted driving practices. We understand the many emotional, physical, and financial challenges that auto accidents often pose for injury victims and their families.

Based on an Associated Press article, the family of a 49-year-old Dallas police officer who was killed after being thrown from his motorcycle in a 2008 incident has filed a wrongful death lawsuit against multiple parties. Reportedly, the officer fell from his bike after hitting a curb and colliding with a guard rail. The suit has been filed against Hillary Rodham Clinton, whom the officer was escorting in a motorcade, the city of Dallas, and the maker of the helmet he was wearing while riding the motorcycle. According to the article discussing the Dallas motorcycle suit, the officer’s widow and children claim that the city of Dallas did not provide him with adequate training for escorting a motorcade, that Clinton and her campaign did not give proper notice for motorcade assistance, and that the helmet he was wearing was flawed. The motorcycle victim’s family is seeking damages that include the loss of monetary support, because the officer was the primary wage earner in the family.

The above case demonstrates the risk that some helmets may be defective due to inaccurate design or an overlooked flaw from the manufacturing process. In addition, even when a motorcyclist correctly wears a helmet that is approved by the Department of Transportation, he or she may endure serious brain injury or even death, depending on vehicle speed and the surrounding elements. Nevertheless, wearing a helmet (and protective clothing and gear) greatly decreases the chance of injury and death for motorcyclists.

Riding a motorcycle can be an enjoyable experience; however, many risks are involved, especially when considering the lack of protection one has against surrounding vehicles and the surfaces of a roadway in the event of a motorcycle collision in Dallas, Texas. The importance of knowing how to operate a motorcycle efficiently and safely cannot be emphasized enough. However, other motorists must remember that they have the responsibility of sharing the road with motorcyclists.

Only days after the U.S Department of Transportation announced on March 2, 2010 that 52 fatality reports have been connected to sudden acceleration accidents involving Toyota vehicles, a Wall Street Journal article highlighted a lawsuit being filed against Toyota. According to the article, the suit is on behalf of a family who was killed when the 2009 Lexus they were traveling in accelerated out of control at 120 mph along a freeway in San Diego, California.

Amidst a vast series of congressional hearings and national recall notices now totaling 8.5 million vehicles, this particular Toyota wrongful death suit may be one of the most challenging for Toyota to defend themselves against. The reason being that legal experts have said that the Lexus vehicle involved in the fatal crash was on loan from a dealership, and therefore should have been safe to drive. In a previous incident, the driver of the same vehicle had informed the dealer that the accelerator had become stuck while being driven. Furthermore, the article also points out that this particular model of Lexus vehicle had been equipped with thick floor mats intended for another type of vehicle design.

In reflecting on the serious scope of Toyota’s recalled vehicles, it is uncertain how many other accidents involving recalled Toyota and Lexus models may have been caused by unintended acceleration prior to the gas pedal defects being announced. Reportedly, the class-action status lawsuits that were filed for each wrongful death claim may potentially result in millions of dollars as compensation for damages.

The Texas personal injury and wrongful death firm of Steele Law, P.C. has assisted injured individuals and family members of wrongful death victims afflicted by auto accidents and defective products. We pride ourselves in treating our clients like family, and are dedicated to helping those afflicted by another person’s negligence receive the compensation they deserve.

I frequently have potential clients who contact me with questions about who is responsible for their medical bills following a car wreck.  These individuals are often under the impression that they should not use their Health Insurance to cover medical bills for treatment of the injuries that were caused by the automobile accident.  They also frequently believe that the at fault driver’s Automobile Insurance will pay for their medical bills directly.  Unfortunately, it is extremely rare (in fact, almost unheard of) for the at fault driver’s Auto Insurance Company to pay for the injured person’s medical bills directly or quickly reimburse the injury victim for these expenses.

Auto Insurance Companies are in business to make money and, as a result, their objective is to pay injury victims as little as possible for their injuries.  Unfortunately, most Insurance Companies will not reimburse an injured person for medical expenses until the injured person has fully completed all of his or her medical treatment and has agreed upon a settlement amount to cover ALL of the injured person’s losses due to the injury (such as lost wages, medical expenses, and any future lost wages).  This approach creates a tremendous problem for people who do not have Health Insurance.  Often the individual cannot afford the necessary health care.  The Insurance Companies see this as a great windfall for them, because if the injury victim cannot afford to get the necessary health care, then the Insurance Company does not have to repay the injury victim for those medical expenses!  It is a terrible scam that Insurance Companies use to take advantage of innocent victims, but unfortunately in Texas it is legal.

After an auto accident, treatment of your injuries should be your number one priority.  If you have Health Insurance, by all means use it!  If you do not have Health Insurance, there are other options that you can explore.  First, you should check to determine whether you have Personal Injury Protection (PIP) under your own Automobile Insurance.  This type of coverage is intended to be more accessable and can be used to cover the costs of your medical care.  Some health care providers will bill directly against your Personal Injury Protection policy, although it is advisable to speak with an attorney before giving your medical providers your PIP policy information.  PIP policies typically provide between $2,500 and $10,000 in coverage (with $2,500 being the most common), which frequently is not enough in the event of a serious injury.  If you do not have Health Insurance or Personal Injury Protection, it is advisable to contact an attorney to discuss other possible options.  Some health care providers will accept a Letter of Protection from your attorney, which essentially is a promise to the health care provider that you will pay the health care provider for your medical expenses when your injury case is resolved.

If you are injured in an accident and you use your Health Insurance to cover your medical expenses, you can expect your Health Insurance Company to later contact you by mail, asking if your medical treatments are the result of an injury.  This is the first step that Health Insurance Companies take toward asserting their right to subrogation. (Subrogation is an issue that is discussed further in other posts.)  If you receive a letter from your Health Insurance Company asking if you have been injured in a car accident or other type of accident, contact your attorney for advice before making any response.  Do not perceive this as a reason to avoid using your Health Insurance to cover the expense of your medical treatments . . . as I said before, your medical care is priority one after a car wreck or any other type of accident and using your Health Insurance is the best way to make certain that your medical treatment is not delayed. 

My husband recently suffered a serious dog bite that resulted in him being hospitalized for three days.  Thankfully, he will make a full recovery.  The ordeal raised great concerns for me, not only because my husband was a victim of a dog bite injury, but also as a dog owner. 

Basically, a dog owner can be liable for injuries and damages caused by his or her dog if:

1)  It is established that he or she owned or had possession of the dog.  This can go beyond our typical understanding of ownership — it can include such things as keeping an animal (such as taking in a stray dog) or simply allowing the dog to be kept at a home or other property that the individual owns.  This means that under certain circumstances a landlord can even be held liable for the actions of a tenant’s dog.

2)  The dog had vicious or aggressive tendencies that were not generally normal for dogs. 

3)  The owner either knew or should have known that the dog was dangerous.  This is most commonly show by demonstrating that the owner was aware that the dog had bitten someone before.  If the dog has never shown dangerous tedencies before, then the owner will most likely not be liable for an injury caused by the first attack the dog has ever made. — Nonetheless, keep in mind that there is a huge difference between being liable and being sued!  The owner may very well be sued for the dog’s attack.  The fact that the dog had never shown vicious tendancies before the attack will then be used as a defense by the dog owner and, if proven, may be accepted by the jury as sufficient to find that the dog owner is not liabile for the dog’s actions.

4)  The dog’s dangerous tendencies caused the injured individual’s damages.  This simply means that the injured individual has to show that the bite actually caused the injuries that he or she is complaining of, such as scarring. 

These same basic rules also apply to other domestic  animals, such as cats, horses, or birds (you’d be surprised what a parrot bite can do!).  There is a much more severe standard that applies to owning a wild animal, like a raccoon or wolf.

Anyone who owns a dog or other domestic animal should take their responsibilities as a pet owner very seriously.  Make sure that your pets are securely maintained by keeping your home and fences secure and in good condition.  Good training is also extremely important, whether you go through a formal training class or simply do at home instruction.  Your dog needs to be properly socialized and trained to help ensure that the dog will be safe to expose to other people — especially children. 

Yesterday was my daughter’s 16th birthday.  We celebrated with a party out on Lake Lewisville.  It was a wonderful party and everything went off without a hitch — but it did bring to mind how important boating safety is and a few thoughts and tips that I could pass along to my readers.

At last count, Texas had over 600,000 registered watercraft that are used on the largest volume of inland water anywhere in the United States. With all of these boats on all of these lakes and rivers (not to mention the Gulf), accidents are not uncommon. Boating accidents can involve collisions between boats and between boats and personal watercraft, collisions between boats and obstructions such as rocks and tree trunks, and boats that capsize and trap people underneath. However, the most common type of boating‑related injury occurs when people fall off of a boat. The injuries caused by boating accidents are as serious as any that occur on land, and they include everything from broken bones and knee injuries all the way up to serious brain injuries and drowning.

According to the Texas Parks and Wildlife Department, Texas averages about 150 serious injuries and about 50 deaths every year in boating accidents.  The typical boating death involves:

1. an open motorboat;
2. people boating between noon and 7 p.m. on a weekend;
3. the victim falling overboard; and
4. an operator between 26 and 50 years of age.

Many boating accidents also involve the overuse of alcohol—statistics show that alcohol is a factor in about half of all boating accidents, and that the use of alcohol while boating more than doubles the risk of having an accident.

The number one thing you can do to protect yourself when boating is to wear a life jacket. Like wearing your seatbelt, the use of a life jacket takes little time or effort but significantly increases your chances of surviving an accident, especially if you fall into the water. In fact, over 85% of the victims of boating accidents who drown are not wearing a life jacket at the time. Be sure to wear your life jacket even if you are a good swimmer, because even a good swimmer can get tired, suffer from a cramp, or be caught in an unexpectedly strong current. Look for one that is approved by the Coast Guard, and do not rely on water wings, inner tubes, or other inflatable toys. The life jacket you choose should have the appropriate rating for a person of your size. A life jacket that is too small will not support you and one that is too big may slip off unexpectedly. Carry a few extras, in case someone falls in while not wearing one or in case you come upon someone from another boat who does not have one on.  Remember: The law requires that all children younger than 13 years old wear a life jacket at all times when the boat that they are on is moving. Also, riders of all ages must wear a life jacket while riding a Personal Water Craft (PWC or jet ski). Make sure that children have life jackets sized for their smaller bodies. It is also a good idea to carry other kinds of gear that will allow you to help someone who has fallen into the water, such as spare ropes and a first‑aid kit.

The other major thing you can do to prevent boating accidents is to control the use of alcohol. Many people who would never drink and drive think nothing of having a few drinks and then taking their boat out for a spin. The fact is that boating while intoxicated (BWI) is a crime just like driving while intoxicated, and the same blood‑alcohol level of 0.08 means that you will be presumed to be an impaired boater. If you are caught BWI, you can be arrested, jailed, and even lose your driver’s license.

If you are involved in a boating accident, it is a good idea to report it to the Texas Parks and Wildlife Department or (if the accident occurs in coastal waters) to the Coast Guard. If you have been injured in a boating accident through the negligence or carelessness of another, you might be entitled to be compensated for your injuries. The facts of each case will differ, and you will need to speak with an experienced lawyer to determine what your rights are.

BOATING SAFETY CHECKLIST

• Make certain you know how to safely operate the watercraft you are piloting. Consider taking a boating safety class.
• Make sure that your watercraft is well cared for and in good mechanical shape before taking it out on the water.
• Always wear a life jacket, and remember that children under the age of 13 are required to wear a Coast Guard‑approved life jacket while underway.
• Carry extra flotation devices in case you need to perform a water rescue.
• Follow the same rules that you would while driving your car: Operate the watercraft at a safe speed, do not overload it, and do not use alcohol. Boating while intoxicated is a crime that is treated in much the same way as driving while intoxicated, and it carries similar penalties.
• Keep a sharp lookout for submerged objects, other boaters, and, especially, personal watercraft such as jet skis.

Dr. Pamela L. Johnson is an obstetrician/gynecologist who has been forced out of three states due to her incompetence and faulty surgical skills. After having her licenses suspended in both Virginia and New Mexico, as well as being fired by Duke University Medical School in North Carolina, Dr. Johnson has found refuge in Texas.

Three years ago, Texas Lawmakers enacted new medical malpractice laws which establish a zero accountability standard for doctors. Given that patients now have virtually no right to protection from careless and negligent doctors, the Texas lawmakers have also abolished the Office of Patient Protection, which formerly served as an ombudsman for patients harmed by medical malpractice.

The radical “tort reforms” of 2003 have resulted in making Texas the nations dumping ground for bad doctors.

            Trasylol is the only FDA‑approved drug for the prevention of blood loss during heart surgery. By boosting the body’s ability to stop bleeding, it can help reduce the need for blood transfusions. Unfortunately, it can also have dangerous side effects, including kidney failure, heart failure, and stroke.  A recent study shows that Trasylol may double the risk of kidney damage, as well as increase the risk of heart attack by nearly 50%.  The FDA recently issued a Public Health Advisory urging physicians who use Trasylol to carefully monitor patients for the occurrence of toxicity to the kidneys, heart, and central nervous system. The FDA also revised the labeling requirements to strengthen safety warnings and limit usage of the drug to specific situations.  If you have suffered kidney failure or heart problems following heart surgery, you may have been treated with Trasylol and you may be entitled to compensation for your injuries. Contact Dina Steele at  Steele Law to discuss your possible personal injury case.

Governor Perry has posted his own response and claimed justification for vetoing HB3281 (the bill discussed on my July 14, 2007 post).  Specifically, Governor Perry states:  “This bill would permit an individual in a personal injury lawsuit (other than a medical malpractice claim) to recover more money for medical expenses than actually was or will be paid.”  Governor Perry further argues that allowing Injured Victims to submit the full amount of their medical bills to the jury, when they may have obtained a small reduction of  the total bills through their privately purchased health insurance, would be misleading to the jury.  This might seem like a somewhat reasonable justification at first glance.  Unfortunately, Governor Perry is simply not telling the truth.  The Governor’s response misleads the Texas citizens when he claims that the bill which he vetoed would allow Injured Victims to recover more money than they actually paid in medical expenses — in reality, Injured Victims are not now, nor have they ever been, able to seek full recovery of the medical expenses that were actually paid!  Injured Victims have never been able to ask the jury to make the Defendant (the drunk driver in our previous post) reimburse the Injured Victim for the health insurance premiums (which are clearly a part of the Injured Victim’s “medical expenses”) that the Injured Victim has had to pay in order to receive health care.   Moreover, the Governor’s response does not discuss the fact that Attorneys and Judges are required by Texas law to pretend to the jury that insurance is not involved in a typical lawsuit.

In a typical car wreck case, the Injured Victim’s attorney has to sue the individual driver of the other car (the drunk driver in our example from the previous post), even though the defendant/drunk driver’s insurance company is actually hiring the attorney, making all of the decisions for defending the case, and making the decision as to whether to settle the case without a trial.  The justification for this is that Insurance Companies believe that the jury will award less money if they think that the defendant/drunk driver does not have insurance and will have to pay the judgment out of his own pocket; therefore, the Insurance Companies have convinced our government not to allow the Injured Victim or his/her attorney to mention Insurance during the trial.  In fact, in many cases, if the word “insurance” is mentioned by the Injured Victim or his/her attorney, then a mistrial is called and the whole trial has to be restarted with a new jury!  What Governor Perry’s posted response fails to tell the Texas citizens is this:

•  Texas law does not allow an Injured Victim who brings suit to tell the jury that he/she will have to repay his/her health insurance company back in full from any amount of money that the  jury awards;
• The Judge, Attorneys, Plaintiff, Defendant, and all witnesses involved are required by law to protect the Insurance Companies by pretending to the Jury that Insurance is not involved in any aspect of the Injured Victim’s case;
• The law does not allow the Injured Victim to recover any portion of the health insurance premiums that he/she has paid for months or even years in order to maintain his/her health insurance.  In fact, not only can the health insurance premiums not be recovered from the defendant/drunk driver and/or his auto insurance company, but the law allows the health insurance company to both (1) take back any money that it has paid for the Injured Victim’s health care and (2) keep the thousands of dollars in insurance premiums that the Injured Victim has paid for the health insurance!  Talk about your double dipping!
• The Injured Victim is not even allowed to tell the jury that he/she has had to pay insurance premiums for his/her health insurance (much less how many  thousands of dollars those premiums have totaled).

In conclusion, our Governor has succumbed to the influences of the Insurance Companies at the expense of the (dwindling) rights of the Texas citizens.  June 15, 2007 (the date of Governor Perry’s veto) was a terribly sad day for Texas citizens.