Texas Personal Injury Victims Are Protected From Ambulance Chasers
After two years of uncertainty, due to a legal challenge and a subsequent appeal, Texas House Bill 148 has finally become law. The legislation, which was signed by Gov. Rick Perry in 2009, makes it illegal for lawyers or medical professionals (such as chiropractors) to solicit car wreck victims within the first 30 days following their accident. As a Dallas-Fort Worth personal injury attorney with 20 years’ experience, I wholeheartedly support this law. The so-called “ambulance chasers” that this law targets are fortunately few and far between, but they give my industry as a whole a bad name. I do not sue negligent drivers for the sake of winning a windfall payout for my clients; I help people that have been injured through no fault of their own make a successful claim against the at-fault party’s insurance company. The victim of a drunk driver should not have to ruin their credit or put themselves at risk of bankruptcy due to the medical expenses incurred simply because they were in the wrong place at the wrong time – the negligent motorist’s insurance company should.
While I welcome this legislation into law, however, I feel there is still work to be done. Traffic collision victims and their family members need time to comprehend the often life-changing event which has unexpectedly taken place. The injured person needs time to both mentally and physically recuperate. So why are insurance adjustors allowed to visit them in their hospital room? It’s true and it happens every day. Why do they do this? They can exploit the patient’s vulnerable state and get them to sign a release accepting an offensively low settlement figure, which will not even come close to covering the debt they will incur as a result of being in an accident. This is all about the insurance company minimizing their losses. I think it is a most unethical practice. Texas law gives accident victims the right to a fair settlement which compensated them for all medical costs and any loss of income caused by being involved in a crash.
It is a great thing that Texas accident victims are now protected from unscrupulous lawyers and medical professionals, but they also need protection from the equally bad insurance adjustors.
Mark Anderson is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and is the author of the books 15 Mistakes That Will Wreck Your Texas Accident Case and Roadmap To Winning Your Texas Motorcycle Accident Case.
