The Frivolous Defense
Written by Greg on March 25, 2012
Almost everyone has heard about frivolous lawsuits and greedy lawyers, tort reform and the like. Texas has, in fact, adopted fairly radical tort reform over 5 years ago. The effects have been long-lasting and some unanticipated such as an increased need for litigation and the frivolous defense.
What has happened recently is a trend for insurance companies to deny any semblance of reasonable compensation to a victim and deny responsibility once a lawsuit is filed. Right before trial, sometimes on the day of trial, the defense will then “stipulate” responsibility for causing the accident. It affected my any responsibility up until the time they are faced with the jury and then in that instance try to change the game and make the victim look greedy by saying we admitted fault.
Even when the insurance company does not stipulate liability, innocent victims are often forced to endure unnecessary costs in advancing their case to prove liability because of the frivolous defense on the part of the defendants.
What has been cast as greedy lawyers has become greedy insurance companies who are manipulating the process to avoid paying claims and making litigation that should not be necessary mandatory. Then at trial claiming the victim is greedy when reality is that the insurance company has denied and delayed and refused all they could and am now trying to make the lawsuit look like it is the victim overreaching and not the insurance company.
It is time that Texas families were put on an even footing with the insurance carriers who are reaping record profits on Texas families while we are required to purchase car insurance to drive on our roadways. It is time we had insurance reform in Texas.
Greg Baumgartner is an 18 wheeler accident lawyer and the founder of the Baumgartner law firm, a Texas personal injury law firm dedicated to helping families of people injured or killed in accidents. For a free no obligation consultation with a semi truck accident lawyer call the Baumgartner law firm at 281-587-1111.