Facts that you should know about Texas Law Suits:
What about all of the Frivolous Lawsuits?
Typically, to go before a jury in a medical malpractice claim, an attorney will invest between
$100,000.00 and $200,000.00 of his own resources. Only a foolish attorney would throw that
kind of money away on a case that had not been fully investigated by medical experts, and
found to be meritorious! Despite the incredible media hype about “frivolous lawsuits” and
the “lawsuit lottery,” this has always been an area of intense investigation, and truly frivolous
claims are rare. Many settlements (even post-trial settlements) require that the injured person
remain silent or risk losing their settlement proceeds. Therefore, the settling defendant is then
free to “spin” the facts to the media any way they wish (take the infamous McDonald’s hot
coffee case, for example). Unfortunately, the media has been very effective at convincing the
public that there are a lot of "frivolous lawsuits," - even yours! The reality is that frivolous
lawsuits were very rarely brought to trial in the first place.
How much will I receive from the verdict or settlement?
In a personal injury death that does not involve medical malpractice or product liability
claims, the attorneys are paid a percentage of the total amount awarded (regardless of how
many attorneys from the firm work on your case). These fees range from 33.3% for the less
complicated automobile collision cases to 40% for the more complicated products liability or
medical malpractice cases. The attorneys will work your case, typically for years prior to
getting in front of a jury, and this is the only compensation they will receive. If we lose your
case, we do not get paid at all, and we will lose any money that we have invested in your
case.
While these expenses seem high, the attorneys of The Kelly Law Firm are cognizant of the fact
that in order to justify the bringing of the lawsuit, there needs to be some reason to do so.
Since money damages are the only way that a company (be it hospital, insurance company, or
corporate employer) can pay for their liability, we understand that our goal is to make sure
that the amount of liability and injury warrants the prosecution of a lawsuit.
The balance of the recovery, after attorneys fees and litigation costs, is the amount that you
receive. You will have the right to consider the offers of the defendants and make
determinations about such offers. In the event that a jury makes the determination, then we
will simply work with whatever verdict they render.
If my child was injured, can I manage his/her settlement funds?
No. When a minor is awarded a settlement in the State of Texas, the judge will order that the
funds be placed in a financial vehicle to ensure that the funds are best used for that purpose.
The court may order the funds held in the court registry, or that they be paid into a minor’s
settlement trust account or structured settlement fund. These funds will ensure that the
resources are not squandered, because they will be handled by a fiduciary officer who is
responsible to your child.
Won’t the defendant’s just settle, they know they hurt my child?
Since the passage of House Bill 4 in 2003 (The so-called "tort reform" bill introduced by Tom
Delay), medical malpractice insurers in particular, but all insurance companies, in general,
have decided to under-value claims brought against them and their insured customers.
Because the insurance companies actually provide the defense to the doctors and other
defendants, they actually make the decision not to settle. This is often true even if the
defendant actually wanted to settle. Because the insurance company was so effective in it’s
media campaign against trial lawyers (and therefore you – the injured person) they know that
you will start the trial with jurors who typically don’t trust you - or me. For that reason, they
also know that they win most of the cases brought against them. Simply put - they are happy
to play those odds.
Won’t the Defendants just admit what they did?
No! Rarely do defendants admit their wrongdoing. In fact, it is not unheard of for doctors
and hospitals to alter records to reflect better care than they provided. Unfortunately, we
must use those same records (created by the defendant) to prove the case against them.
Doctors typically want to serve you well, but once they have made an error, many of them do
not want to be held liable for what they have done?
Does the hospital investigate the doctors?
Yes, but Texas law prevents us from ever getting those documents. The jury can never know
even if the hospital investigated your case and found the doctor at fault. Texas law makes
that information privileged, and prevents us from even seeing it – much less showing it to the
jury.
What about all of the Frivolous Lawsuits?
Typically, to go before a jury in a medical malpractice claim, an attorney will invest between
$100,000.00 and $200,000.00 of his own resources. Only a foolish attorney would throw that
kind of money away on a case that had not been fully investigated by medical experts, and
found to be meritorious! Despite the incredible media hype about “frivolous lawsuits” and
the “lawsuit lottery,” this has always been an area of intense investigation, and truly frivolous
claims are rare. Many settlements (even post-trial settlements) require that the injured person
remain silent or risk losing their settlement proceeds. Therefore, the settling defendant is then
free to “spin” the facts to the media any way they wish (take the infamous McDonald’s hot
coffee case, for example). Unfortunately, the media has been very effective at convincing the
public that there are a lot of "frivolous lawsuits," - even yours! The reality is that frivolous
lawsuits were very rarely brought to trial in the first place.
How much will I receive from the verdict or settlement?
In a personal injury death that does not involve medical malpractice or product liability
claims, the attorneys are paid a percentage of the total amount awarded (regardless of how
many attorneys from the firm work on your case). These fees range from 33.3% for the less
complicated automobile collision cases to 40% for the more complicated products liability or
medical malpractice cases. The attorneys will work your case, typically for years prior to
getting in front of a jury, and this is the only compensation they will receive. If we lose your
case, we do not get paid at all, and we will lose any money that we have invested in your
case.
While these expenses seem high, the attorneys of The Kelly Law Firm are cognizant of the fact
that in order to justify the bringing of the lawsuit, there needs to be some reason to do so.
Since money damages are the only way that a company (be it hospital, insurance company, or
corporate employer) can pay for their liability, we understand that our goal is to make sure
that the amount of liability and injury warrants the prosecution of a lawsuit.
The balance of the recovery, after attorneys fees and litigation costs, is the amount that you
receive. You will have the right to consider the offers of the defendants and make
determinations about such offers. In the event that a jury makes the determination, then we
will simply work with whatever verdict they render.
If my child was injured, can I manage his/her settlement funds?
No. When a minor is awarded a settlement in the State of Texas, the judge will order that the
funds be placed in a financial vehicle to ensure that the funds are best used for that purpose.
The court may order the funds held in the court registry, or that they be paid into a minor’s
settlement trust account or structured settlement fund. These funds will ensure that the
resources are not squandered, because they will be handled by a fiduciary officer who is
responsible to your child.
Won’t the defendant’s just settle, they know they hurt my child?
Since the passage of House Bill 4 in 2003 (The so-called "tort reform" bill introduced by Tom
Delay), medical malpractice insurers in particular, but all insurance companies, in general,
have decided to under-value claims brought against them and their insured customers.
Because the insurance companies actually provide the defense to the doctors and other
defendants, they actually make the decision not to settle. This is often true even if the
defendant actually wanted to settle. Because the insurance company was so effective in it’s
media campaign against trial lawyers (and therefore you – the injured person) they know that
you will start the trial with jurors who typically don’t trust you - or me. For that reason, they
also know that they win most of the cases brought against them. Simply put - they are happy
to play those odds.
Won’t the Defendants just admit what they did?
No! Rarely do defendants admit their wrongdoing. In fact, it is not unheard of for doctors
and hospitals to alter records to reflect better care than they provided. Unfortunately, we
must use those same records (created by the defendant) to prove the case against them.
Doctors typically want to serve you well, but once they have made an error, many of them do
not want to be held liable for what they have done?
Does the hospital investigate the doctors?
Yes, but Texas law prevents us from ever getting those documents. The jury can never know
even if the hospital investigated your case and found the doctor at fault. Texas law makes
that information privileged, and prevents us from even seeing it – much less showing it to the
jury.
| Attorneys * Counselors * Trial Lawyers |
| Some Commonly asked questions - and the answers: |
| Call for a FREE case evaluation: (713) 255-2055 |
| "No man is above the law, and no man is below it. Nor do we require any man's permission when we require him to obey it." Thomas Jefferson |
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| THE KELLY LAW FIRM, P.C. |