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.
| 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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| Some Commonly Asked Questions - and the ANSWERS |
