It’s just not right: Not only must Texas car accident, truck accident and other personal injury victims fight the insurance companies to get a fair shake, but nowadays they also must swim against the tide of so-called “tort reform.” Brainwashed by propaganda bought and paid for by the most dangerous industries and their insurers, potential jurors naturally come into court believing that all injured litigants are exaggerating — or worse. Sadly, we taxpayers often end up paying the medical and other bills that the wantonly careless and dangerous today escape having to pay, thanks to “tort reform.” I believe it’s time for the public learn the true facts, and not the spin doctors’ propaganda.
Car accident and other personal injury victims normally require expensive health care, and lose paychecks while unable to work. If the insurer for the careless driver, dangerous company, defective product manufacturer or other “injury-causer” is not held liable for the injury, then the victim likely will have no choice but to let Medicaid pick up the health care tab, and let the Social Security System pay disability benefits to replace earnings. The bottom line is that either the “injury-causer” pays, or you and I do. In fairness, whom do you think should pay?
Another reality, unknown to most of the public, is that juries are kept in the dark about insurance companies’ involvement in almost all personal injury trials. Even though an insurer actually is behind the entire fight in almost all personal injury cases — paying for the defense lawyer and any judgment ultimately collected — the jurors never are told this in a typical personal injury trial. Furthermore, the injured person has to sue the actual “injury-causer” himself, and not his insurance company.
Rather than believe the distortions that continue to be spoon-fed to the public, just as I do in court, I searched for hard evidence — data that is not “spin” from some Madison Avenue marketer. Along those lines, one article that appears to be an extensive and well-documented resource on the truth about “tort reform” is “The Frivolous Case for Tort Law Change” (http://www.epinet.org/content.cfm/bp157), published in May of 2005 by the Economic Policy Institute. In it are many other references documenting this simple fact: “Tort reform” clearly is a very elaborate, and successful, propaganda war being waged by those who maim and kill others — a marketing jihad to see to it that the guilty never have to pay for those victims’ losses. It’s just not right!