The recent Texas Supreme Court decision in Ruttiger has staggered injury lawyers everywhere after holding that plaintiffs cannot sue workers compensation insurers for knowing violations of the Texas Insurance Code or deceptive trade practices. This dramatic overhaul of Texas law will have far-reaching consequences.
The Ruttiger case involved a plaintiff who was injured at work. In trial, the carrier admitted that it did not follow its own guidelines by denying the claim when it failed to even contact the employee/plaintiff or plaintiff’s physician. The jury found that this constituted a knowing refusal to conduct a reasonable investigation and held that the plaintiff was entitled to treble damages under the DTPA and Texas Insurance Code.
On appeal, the Texas Supreme Court disagreed and imposed a ground-breaking new rule that the Texas Labor Code precludes such a suit made under the Insurance Code or DTPA. As a result, the workers compensation act will be the exclusive remedy, barring even knowing violations of the DTPA or Texas Insurance Code. It appears that Texas injury lawyers and their clients are now facing yet another obstacle to recovering in the Lone Star State.
Tuesday, August 30, 2011
Thursday, August 18, 2011
Personal injury lawyers and assault
Even though personal injury lawyers are concerned with injury to the body, they are also concerned about injuries to the mind. One cause of action, called, "assault," involves injury to the plaintiff's mind.
Typically, personal injury lawyers take cases where a person was physically injured. However, there are also cases in which the lawyer may sue for assault when their client suffered mental injuries. For instance, say person X throws a baseball at person Y's head, but they don't intend to hit them, just to scare them. If you think that's permissible, think again. Person X just committed an assault.
The tort of assault is called a "common law" tort, meaning it's typically a cause of action that is not codified into law, but it is still recognized by most courts. To prove an assault under the facts above, the personal injury lawyer or personal injury lawyers would have to prove that X intended to cause an imminent apprehension of contact and that Y was put in such imminent apprehension. Under these facts, it would look like X committed an assault because he injured the mind of Y but putting him in an imminent apprehension of contact.
Keep in mind that assault has a different meaning in civil cases than it does in criminal ones, but it's one of the tools in the personal injury lawyer's toolbox. It's also one of the many things that can make personal injury law a complicated and tricky matter.
Typically, personal injury lawyers take cases where a person was physically injured. However, there are also cases in which the lawyer may sue for assault when their client suffered mental injuries. For instance, say person X throws a baseball at person Y's head, but they don't intend to hit them, just to scare them. If you think that's permissible, think again. Person X just committed an assault.
The tort of assault is called a "common law" tort, meaning it's typically a cause of action that is not codified into law, but it is still recognized by most courts. To prove an assault under the facts above, the personal injury lawyer or personal injury lawyers would have to prove that X intended to cause an imminent apprehension of contact and that Y was put in such imminent apprehension. Under these facts, it would look like X committed an assault because he injured the mind of Y but putting him in an imminent apprehension of contact.Keep in mind that assault has a different meaning in civil cases than it does in criminal ones, but it's one of the tools in the personal injury lawyer's toolbox. It's also one of the many things that can make personal injury law a complicated and tricky matter.
Thursday, August 4, 2011
Why Should I Talk to a Personal Injury Lawyer?
We are frequently surprised to find that most people think that unless they have a serious injury, they don’t need to talk to a personal injury lawyer. To the contrary, an attorney, including one that practices personal injury law, can be a useful and inexpensive source of wisdom and advice.
Attorneys are also counselors. In fact, the Texas Disciplinary Rules of Professional Conduct section II is titled, “Counselor.” And Rule 2.01 states that a lawyer shall “render candid advice.” This advice isn’t merely confined to technical, legal advice. In fact, comment 3 to the rule states that lawyers are expected to refer to relevant moral and ethical considerations.
This means that lawyers can provide invaluable information for potential clients and actual clients alike. Just because you don’t have a legal question, that does not mean an attorney can’t help. Attorneys can provide insight into matters that aren’t often considered to be “legal” in nature, and sometimes an attorney can direct you to the professional you need.
That’s why we encourage the public to call a attorney if they have questions. In fact, calling a personal injury lawyer may be the most cost-effective move you make because many lawyers provide free initial consultations. So take advantage of that resource and ask away. A good attorney is probably more than happy to help.
Attorneys are also counselors. In fact, the Texas Disciplinary Rules of Professional Conduct section II is titled, “Counselor.” And Rule 2.01 states that a lawyer shall “render candid advice.” This advice isn’t merely confined to technical, legal advice. In fact, comment 3 to the rule states that lawyers are expected to refer to relevant moral and ethical considerations.
This means that lawyers can provide invaluable information for potential clients and actual clients alike. Just because you don’t have a legal question, that does not mean an attorney can’t help. Attorneys can provide insight into matters that aren’t often considered to be “legal” in nature, and sometimes an attorney can direct you to the professional you need.
That’s why we encourage the public to call a attorney if they have questions. In fact, calling a personal injury lawyer may be the most cost-effective move you make because many lawyers provide free initial consultations. So take advantage of that resource and ask away. A good attorney is probably more than happy to help.
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