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Complicated Personal Injury Claims in Texas

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I think one, Texas is leading the nation in tort reform legislation and because of that, we have a lot of hurdles that are out there that we didn’t used to have including certain types of cases where we now have literally caps on damages that can be awarded.

I think another reason is that in the state of Texas our Texas Supreme Court has in an opinion they wrote in 2007 stated that health insurance companies get reimbursed first. So even though somebody may be involved in a horrible collision or a victim of medical malpractice, under Texas law, the health insurance company has a priority claim and they get reimbursed first.

I think on top of that, you have a lot of different types of insurance that apply and confuse the issues. You’re constantly dealing with liability coverage of the other driver, typically uninsured or underinsured coverage that the person who was hurt has as well as the health insurance obligations. Also in Texas we have a lot more hospitals filing liens and that becomes a priority claim and sometimes very difficult to get sorted out.

Texas Personal Injury Attorney, Frank Lyle, discusses personal injury claims in Texas and complications. He explains that there are several reasons why pursuing personal injury claims in Texas can be challenging. Firstly, Texas has implemented significant tort reform legislation, leading to various hurdles and limitations on damages in certain cases.

Additionally, the Texas Supreme Court, in a 2007 opinion, established that health insurance companies have priority when it comes to reimbursement. This means that even in cases of severe accidents or medical malpractice, health insurance companies are entitled to be reimbursed first.

Moreover, the involvement of different insurance policies further complicates matters. Dealing with the liability coverage of the at-fault driver, uninsured or underinsured coverage of the injured party, and health insurance obligations can create additional complexities. Furthermore, the increasing number of hospitals filing liens in Texas adds to the challenge of resolving claims effectively.

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