San Antonio Injury Lawyer & Attorney : The McKinney Law Firm : Auto Accidents, Wrongful Death, Work Accidents : Bexar County, Travis County, South Texas

Alex Winslow has graciously granted me permission to repost his excellent Letter to the Editor, which was published in the Wall Street Journal earlier this month, discussing the fact that tort reform here in the great state of Texas has utterly failed to lower health care costs while it has dealt a huge blow to Texans with legitimate claims for serious injuries.  Here is his letter in its entirety:

A few years back, insurance lobbyists rammed through legal changes that were designed to severely limit the legal rights of Texas patients. We heard high-falutin' rhetoric promising dramatic improvements in the cost, quality and access of health care in our state. None of the promised improvements have been realized, but that hasn't stopped special interest think tanks from spinning an intricate yarn in their futile attempt to justify the rights they stole from Texas families ("Cross Country: Why Doctors Are Heading for Texas," May 17 and "Tort Reform Will Rescue Doctors," Letters, June 6).

What has really happened? 1) Health-care costs have risen dramatically in Texas, according to the Robert Wood Johnson Foundation; 2) AMA statistics show that we rank lower in per-capita physicians today than we did just a few years ago; 3) Rural and underserved areas continue to struggle to attract new physicians; 4) Texas continues to have the nation's highest rate of uninsured.

The reality is that none of this has been or ever will be fixed by taking away the legal rights of patients or their families. Unless we move beyond the insurance industry's talking points and enact real reforms that protect patients, strengthen safety standards and restore accountability, we will continue to be plagued by an inadequate health-care system that does more for insurance companies than it does for patients.

N. Alex Winslow
Executive Director
Texas Watch
Austin, Texas

My question: When will Texans say enough is enough and finally stand up for their rights against the big insurance companies and the legislators they control. 

Source:  N. Alex Winslow is the Executive Director of Texas Watch, a non-partisan, advocacy organization working to improve consumer and insurance protections for Texas families.

• Print
• Comments
• Trackbacks

The minimum amount of automobile liability insurance Texas drivers are required to carry for bodily injury/property damage increased on April 1st from the previous $20,000/$40,000/$15,000 (“20/40/15”) coverage to “25/50/25” coverage.

Texas law requires people who drive in Texas to be financially responsible for the accidents they cause. Most drivers do this by buying auto liability insurance. Liability insurance pays to repair or replace the other driver’s vehicle and pays the medical expenses of the other party; it does not pay to repair or replace the policyholder’s vehicle.

The previous minimum amount of liability insurance required by law was $20,000 for each person injured in an accident, up to a total of $40,000 for everyone injured in an accident, and $15,000 for property damage per accident. The limits have now increased to $25,000 of coverage for each injured person, up to a total of $50,000 per accident, and $25,000 for property damage.

The 80th Legislature amended the current financial responsibility law in 2007 to increase the auto liability limits amid concerns that the current limits aren’t enough to cover the costs of an accident resulting in severe injury or major vehicle damage.

The limits will increase again on January 1, 2011, to $30,000 of coverage for each injured person, up to a total of $60,000 per accident, and $25,000 for property damage per accident (30/60/25).

Drivers who carry minimum limits will begin to notice the new limits as they renew their auto policies or buy a new policy, but they won’t need to take any action unless contacted by their insurance company.

There are severe penalties for violating the state’s financial responsibility law. A first conviction will result in a fine between $175 and $350. Subsequent convictions could result in fines of $350 to $1,000, suspension of your driver’s license, and impoundment of your vehicle. The state of Texas will implement the new Texas Financial Responsibility Verification Program this spring that will allow law enforcement officers to immediately verify whether a driver has car insurance.

• Print
• Comments
• Trackbacks

Remember that the insurance company is not your friend.

Insurance companies go out of the way to advertise how fast, neighborly, generous, kind, understanding, patient, and friendly they are -- especially when they are trying to sell you one of their policies. It continues to be true for as long as you make your insurance premium payments on time without asking for anything in return. However, policyholders forced to present a claim often learn that this is more advertising PR than reality. 

If you are injured in an accident, get medical attention immediately. At the same time, to the extent you can you should be keeping a record that will help protect you should you need to file a claim.  File a police report, either at the scene or as soon as possible afterward. Try to get names and contact information from any witnesses. If you’re able, write down exactly what happened as soon as possible after the event.

Accident scene photographs often provide valuable evidence that can’t be duplicated after the fact. And, of course, talk to a a good lawyer as soon as possible so that you can get advice about how to proceed, what kind of records you should be keeping, and how to handle the inevitable phone calls from the insurance company, trying to get you to sign a release. 

Here is a quick checklist:

• Photograph your injuries
• Keep notes, including
  • Medical appointments/treatment
  • Medications
  • Physical Therapy sessions (including progress & limitations)
  • Record lost work time
  • Note pain and limitations
  • Record expenses incurred as a result of injuries/limitations
• Document conversations/information received from
  • Doctors and other medical professionals
  • The insurance company
• Keep all receipts, prescription records, etc.

• Print
• Comments
• Trackbacks

A recent study provides scientific proof that car accident victims aren't nuts, aren't faking, aren't gaming the system; they really are in pain.

In a study published last week in the journal Archives of Surgery, researchers tracked 3,047 patients ages 18 to 84 from 14 U.S. states who survived an acute traumatic injury.  A year after the injury, 63 percent reported that they still experienced pain related to the injury, with most having pain in more than one region of the body.

On average, the patients assessed their pain at 5.5 on a 10-point scale -- a level at which they would be expected to have moderate to severe interference with daily activities.

The American Pain Foundation, a Baltimore-based advocacy group, said the financial cost exacted by chronic pain in the United States -- including health-care expenses, lost income and lost productivity -- is estimated at $100 billion a year.

Source: Reuters

• Print
• Comments
• Trackbacks