I feel sorry for people who actually have a case but are afraid of losing. Attorneys will be reluctant to file suit in a lot of situations. Things are not always as they appear.
I imagine there will be some discretion. As things are now, many people are essentially "blackmailed" into paying some kind of settlement because they can't afford to fight it. I assume you've never been sued.
i am happy for the regular joe that watches his auto and home insurance go through the roof because of these, dare i say, mostly, (and i can speak from experience) frivolous suits...
making the plaintiff foot the bill for frivolous lawsuits is something many of us have been screaming about for decades...if people are afraid of losing i’d say they don’t have much of a case...
“I feel sorry for people who actually have a case but are afraid of losing. Attorneys will be reluctant to file suit in a lot of situations. Things are not always as they appear.”
Oh bosh! If they really think that they have a case, then why are they afraid? Actually, they more likely feel that perhaps they should give it a try, and they figure it’s like the lottery: you risk a little (or nothing in the case of contingency lawyers), and may win big. The Texas law at least raises the price of bringing a loser case.
In fact, the Texas reform is such a good idea, that I predict that the courts will strike it down. After all, the courts are not run for poor, injured people, so much as for actors, fakes, and lawyers (the three classes to some extent overlapping).
A prospective “junk suit” client comes into an attorney's office and presents him with the suit he wants the attorney to pursue.
The attorney looks at the case, reviews it, does a little instant research and says to the legal thug “You don't have a case. You can't sue.” Case closed-—PERIOD!
Another scenario is that the prospective client comes into the attorney's office and the same routine is followed but the client is told “I feel confident that you have a case. I will represent you.”
Now, just how wrong is that????????????????????
If you need to find dishonest attorneys simply go to the two page ads in your phone book, look at billboards on the road and listen to the commercials on TV.
Need to find honest attorneys, simply look for normal sized advertisements in the phone book, NO TV ads, and NO BILLBOARD ads on the road.
Tort reform is well overdue and this is only a baby step. Much more has to be done so that the honest citizen who is damaged can recover in court verses the legal thug who splits 40/60 with his greedy and dishonest attorney by either winning a lawsuit on legal jousting (not whether the case has been proved) or by “shaking down” the defendant by simply making them settle out of court because it would be cheaper than actually protecting themselves.
Our legal system is simply an extortion system!
A cardiologist placed stents in my artery. He did something wrong. Four days later I had cardiac arrest and my heart was damaged. I couldn’t sue him because I didn’t die. No attorney would take my case because Texas law limits liability to $250,000. No insurance company will settle when they know the most they’ll lose is $250,000. And it’ll cost that much to get it to court.
I truly believe they went overboard in Austin.
BS...If you have a meritorious claim, then sue and don’t be afraid...What percent of claims are frivolous? >50% in med mal cases...If a physician was only 50% successful in every action, they would be out of work!!!
BS...If you have a meritorious claim, then sue and don’t be afraid...What percent of claims are frivolous? >50% in med mal cases...If a physician was only 50% successful in every action, they would be out of work!!!
Blame the attorneys. They created this. And once people start getting hurt by it, they will go after the lawyers.