Dallas Injury Attorneys Face New Law

After months of debate and controversy, Governor Perry finally signed H.B. 274 into law. This will mean that, beginning September 1, 2011, dallas injury attorneys will see some significant changes.

First, much of the law will not apply to actions brought under the family code.  Some relevant aspects of the new law include:

-Revisions that encourage the use of the settlement provisions of the Civil Practice and Remedies Code, including a change that would allow the recovery of reasonable deposition costs;

-Requirement that the Texas Supreme Court adopt rules that will expedite certain civil actions in which the controversy does not exceed $100,000;

-Requirement that the Texas Supreme Court adopt rules to encourage the dismissal of actions that have no basis in law or fact, and providing for reasonable and necessary attorney’s fees for the party that prevails on a motion to dismiss; and

-Changes to responsible 3rd party designations.

Although the new law is a compromise of good and bad, we believe it is a much better version of the “Loser Pays” law than what was originally proposed.  While Dallas Injury Attorneys will face some difficult legal battles ahead, this may not be the dreaded tort reform we originally feared.

Texas Child Support Update

Effective immediately is a new law that will help countless individuals who wish to legitimately contest their Texas child support obligations.  Specifically, S.B. 785 allows individuals who successfully contest paternity through DNA testing to be relieved of future child support obligations.  You may be shocked to learn that although convicted criminals could be exonerated through DNA testing, putative fathers were, until now, not allowed to escape child support obligations through DNA evidence.  Presumably, this is part of the reason the law passed with widespread support.

Although our office remains committed to personal injury matters, we are also committed to the idea that only adoptive or biological fathers should be saddled with the financial burdens that come with paying Texas child support.  Consequently, we our happy to assist those who wish to challenge these obligations with DNA testing.  We invite anyone with questions or concerns about this issue to call our office for more information.

Texas Lawyer Liability with Tort Reform

We want to thank those of you who commented on our blog earlier.  H.B. 274, which until very recently, contained provisions that would punish a Texas Lawyer who files a pleading that a jury determines to be an “abusive civil action.” Fortunately, the Judiciary & Civil Jurisprudence Committee and the Texas House have removed that provision.  We hope it will not reappear in the Senate, and we remain cautious about some of the other “loser pays” remnants of H.B. 274.

This is a volatile period for H.B. 274, as many changes have been made.  We are working as quickly as possible to address those changes, but naturally, responding to these changes take time.  Currently, some of the core principles of H.B. 274 remain.  In particular, the current bill delegates to the Texas Supreme Court the duty to enact rules to quickly and efficiently resolve civil claims.  The bill also contains a provision that would eliminate implied causes of action unless unambigiously indicated by statue.

Fortunately, however, the portion of the law that would punish a Texas Lawyer for filing an abusive civil action has, for now, been removed.  The Texas Disciplinary Rules of Professional Conduct already deter attorneys from filing frivolous pleadings, so the “abusive civil action” provision was not only harsh but unnecessary.

Although we are relieved, there are no doubt future developments that will occur, and we will act as promptly as possible to cover them as they become available.

Car Accidents Likely on LBJ

North Dallas is likely to see more car accidents on LBJ Freeway, as a 5-year reconstruction project has just begun to expand the already-burdened highway.  The project costs $2.7 billion and is one of the biggest in Dallas history.

Every day, LBJ carries 100,000 more drivers than it was designed to manage.  And each day, 270,000 cars travel the LBJ segment between U.S. 75 and 35-E.  This means more congestion, more waits, and most likely, more auto accidents.

With car crashes likely, Drivers may end up scrambling to find a Dallas attorney.  Grapevine is already undergoing a construction project that is only about half the size of the LBJ reconstruction project.  And even there, Mayor William Tate reports that car accidents have doubled in the last year.

North Dallas drivers should heed the advice of the LBJ project builders: know before you go.  It’s a good idea to stay informed about the changes that will hit LBJ over the next 5 years to avoid an accident.