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1807 Westminster
Denton, TX 76205

940.387.0404

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You are here: Home / Archives for Insurance

Don’t Talk To The Other Side’s Insurance Company If You Have Been In An Accident

July 19, 2018 By Staff - s.r. Leave a Comment

In the very early stages of an accident case, you might consent to giving a statement to the adverse insurer before you ever retain counsel. Those statements are either written or recorded. The adjuster from the adverse insurer tells you that they just merely want to get some information about the accident, your injuries and damages, but the actual purpose of the statement is to obtain admissions from you which may be used against you in trying to avoid responsibility. Unfortunately, many people talk to the adverse party’s insurance adjuster before they ever talk to their own attorney. Don’t … [Read more...]

Filed Under: Automotive, Featured Tagged With: Accident, Insurance

Texas Supreme Court Ends Bad Faith Claims for Workers

June 25, 2012 By admin Leave a Comment

Texas Workers Compensation claimants took a big hit Friday when the Texas Supreme Court handed down a 5-4 decision in Texas Mutual Insurance Co. v. Timothy J. Ruttiger.   The Court held that Workers Comp claimants cannot seek damages for bad faith denials of claims outside the administrative Workers Comp regulatory framework. Justice Willett’s concurring opinion writes: "The continued existence of bad-faith claims will subvert the Legislature’s meticulous soup-to-nuts system, one augmented by an immense regulatory and adjudicatory framework that, taken together, now regulates virtually … [Read more...]

Filed Under: Bar Related Tagged With: Accident, Attorney, Bad Faith, Damages, Denton, Insurance, Lawsuit, Lawyers, Litigation, Texas, Texas Supreme Court, Workers Compensation

Texas Appellate Courts are More Likely to Reverse Plaintiff’s Judgments

May 2, 2012 By admin Leave a Comment

gavel

The Dallas Morning News reports that a soon-to-be-released study shows Texas Appellate Courts reverse judgments for plaintiffs with alarming regularity, and at a dramatically higher rate than judgments for defendants: “The study, conducted by two appellate lawyers at Haynes and Boone, found the Texas appellate judges have an overall reversal rate of 49 percent when they review cases that the plaintiff won in the trial court and the defendant appealed. But those same judges reversed only 25 percent of the cases in which the defendant prevailed at trial and the plaintiff appealed. The Texas … [Read more...]

Filed Under: Articles of Interest, Bar Related Tagged With: Appeal, Appellate Court, Attorney, Denton, Injury, Insurance, Judgment, Lawsuit, liability, Litigation, Loser Pays, Medical Malpractice, Personal Injury, Texas

The New “Loser Pays”

February 14, 2012 By admin Leave a Comment

A lot of my friends have asked me about the new “loser pays” law and how I expect it to affect litigation in Texas.  For years, Texas and most other states followed the so-called, “American Rule” whereby litigants pay their own attorneys’ fees.  There were exceptions, such as certain statutory provisions that allowed recovery of attorneys fees in breach of contract, declaratory judgments, and other types of lawsuits.  The new law is a departure from our historical approach, and represents a Texas version of the “English Rule,” allowing the prevailing party to recoup attorneys’ fees and … [Read more...]

Filed Under: Bar Related, From the Firm Tagged With: Appellate Court, Attorney, Attorney’s Fees, Contract, Denton, Fees, Insurance, Judgment, Lawsuit, Lawyers, Litigation, Loser Pays, Personal Injury, Recovery, Settlement Offer, Texas

No Better Care, Thanks to Tort Reform

October 27, 2011 By admin Leave a Comment

Published in The Texas Tribune by guest columnist, Charles M. Silver In 2006, Dr. Howard Marcus wrote that Texas’ 2003 tort reform statute sparked an “amazing turnaround” in which doctors came to Texas in droves, instead of leaving the state as they had before. He was doubly wrong. Texas neither lost doctors before 2003 nor gained them especially quickly in subsequent years. In fact, according to statistics published by the Texas Department of State Health Services (TDSHS), the supply of active, direct patient care (DPC) doctors per capita grew faster from 1996 to 2002 than at any time … [Read more...]

Filed Under: Articles of Interest, Medical Cases Tagged With: Accident, American Medical Association, Attorney, Denton, Doctor, Injury, Insurance, Lawyers, liability, Malpractice Victim, Med Mal, Medical, Medical Malpractice, Personal Injury, Texas, Tort Reform

Tragedy Brought on by Tainted Fruit

October 3, 2011 By admin Leave a Comment

By Moni Basu, CNN William Beach was one of those people who fixated on certain foods. He would eat the same thing voraciously for a few days, and then, when he tired of the same tastes, he moved onto something else. In August, when summer’s heat seemed unending in Mustang, Okla., Beach took to savoring fried chicken -- and soft, sweet cantaloupe. Beach was elderly -- 87 -- but after eating the fruit, his health declined rather suddenly and before anyone in his family knew what was wrong, he was dead. He is among 15 people who died from Listeria monocytogenes in what the Centers for Disease … [Read more...]

Filed Under: Articles of Interest, Health, Medical Cases Tagged With: Accident, Antibiotic, Attorney, Bacteria, Bacterial Infection, CDC, consumers, Denton, FDA, Food and Drug Administration, Food Borne Illness, Food Poisoning, Food Safety, Hospital, Infection, Injury, Insurance, Lawsuit, Lawyers, liability, Listeria, Nausea, Outbreak, Personal Injury, Texas, Therapy, Wrongful Death

Hip Implant Complaints Increase, While Dangers Are Reviewed

August 23, 2011 By admin Leave a Comment

By BARRY MEIER and JANET ROBERTS of the New York Times Published: August 22, 2011 The federal government has received a surge in complaints in recent months about failed hip replacements, suggesting that serious problems persist with some types of artificial hips even as researchers scramble to evaluate the health dangers. An analysis of federal data by The New York Times indicates that the Food and Drug Administration has received more than 5,000 reports since January about several widely used devices known as metal-on-metal hips, more than the agency had received about those devices in the … [Read more...]

Filed Under: Articles of Interest, Medical Cases Tagged With: A.S.R., Accident, All-Metal Hip Implant, Articular Surface Replacement, Attorney, Complaints, Denton, DePuy, DePuy Hip Implants, Device, Durom Cup, FDA, Food and Drug Administration, Hip, Hip Replacement, Implant, Injury, Insurance, Johnson & Johnson, Kaiser Permanente, Lawsuit, Lawyers, liability, Medical Device, Medtronic, Metallic Debris, Pain, Patient, Personal Injury, Pinnacle, Recall, Replacement, Texas, tissue damage, Zimmer Holdings

Honda Worldwide Recall of Sedans, Minivans, SUVs

August 12, 2011 By admin Leave a Comment

By Deepa Seetharaman and Bernie Woodall of Reuters. Honda Motor Co Ltd plans to recall nearly 2 1/2 million vehicles: small SUVs, cars and minivans worldwide. This includes the popular Accord sedan. Problems relate to software issues that could damage the automatic transmission. The recall includes 1.5 million vehicles in the United States, about 760,000 in China and 135,142 in Canada, the automaker said on Friday. This week, Consumer Reports said it was not recommending the 2012 Honda Civic. This led some industry analysts to ask if that was a symptom of larger problems at the … [Read more...]

Filed Under: Articles of Interest, Automotive, Recalls Tagged With: Accident, Attorney, Car, consumers, Damages, Denton, Honda Accord, Honda Civic, Injury, Insurance, Lawsuit, Lawyers, Litigation, Minivan, Motor, Personal Injury, Recall, SUV, Texas, Transmission, Vehicle

FDA Reports Cancer Risk from Osteoporosis Drugs

July 22, 2011 By admin Leave a Comment

An FDA Safety Alert issued today warns that taking oral osteoporosis drugs (“bisphosphonates”) may cause an increased risk of esophageal cancer.  This category of drugs includes Fosamax, Actonel, Boniva, Atelvia, Didronel, and Skelid. Esophageal cancer and other esophageal problems have been reported in connection with use of the drugs, and the FDA is reviewing data from published studies to determine whether a link exists. The FDA posted the following recommendation in its Safety Alert: “Patients should talk with their healthcare professional about the benefits and risks of taking oral … [Read more...]

Filed Under: Pharmaceutical Cases Tagged With: Accident, Actonel (risedronate), Atelvia (risedronate delayed release), Attorney, Boniva (ibandronate), Damages, Denton, Didronel (etidronate), Doctor, Drug Safety Communication, Drugs, Esophageal Cancer, Esophagitis, Family Practice, FDA, Food and Drug Administration, Fosamax (alendronate), Geriatrics, Injury, Insurance, Internal Medicine, Lawsuit, Lawyers, liability, Litigation, oral bisphosphonates, Oral Osteoporosis Drugs, Patient, Personal Injury, Recall, Safety Alert, Texas

Chrysler Recalls Three Models of Ram trucks

July 19, 2011 By admin Leave a Comment

News Source: The Kansas City Star - July 13, 2011 Chrysler Motor Corporation announces a recall nearly 250,000 Ram pickups because of a faulty part in the steering system which can cause loss of control. This recall affects Chrysler’s top-selling vehicle and covers about 243,000 Ram 1500, 2500 and 3500 pickups ranging from year models 2008 through 2011. The National Highway Traffic Safety Administration reports that a part near the left front wheel can fracture and risk potential crash of the vehicle. … [Read more...]

Filed Under: Automotive, Recalls Tagged With: Accident, Attorney, Chrysler, consumers, Damages, Denton, Dodge, Dodge Ram, Injury, Insurance, Lawyers, liability, National Highway Traffic Safety Administration, Personal Injury, Pickup Truck, Ram Pickup, Recall, Texas, Truck

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Articles of Interest

Emotional Distress without Physical Damages – Supreme Court to Review

With a hat-tip to the blog, “How Appealing,” the ABA Journal is reporting that the 9th Circuit Court of Appeals has asked the Washington Supreme Court whether its product liability laws will allow a … [Read More…]

Honda Recalls Weed Trimmers Due to Laceration Hazard

Unsafe products can cause serious injuries at the most unexpected times. Household names we all come to know and trust are no exception to oversites due to engineering, manufacturing or material … [Read More…]

J&J Faces Fines Drug Case

Arkansas is added to the growing list of states penalizing Johnson & Johnson based on allegations of misrepresentation of effectiveness and/or potential dangers of usage of pharmaceutical designed … [Read More…]

DuPuy / J&J Hip Recall Abroad

The following article by Mark Hollmer at FierceMedicalDevices.Com reports how the Johnson & Johnson (Dupuy Orthopaedics) hip implant is being treated in courts and by regulatory agencies in the … [Read More…]

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Denton, TX 76205

phone: 940.387.0404
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