Does anyone in Texas think that conniving plaintiffs and attorneys should be allowed to cash in on fraudulent claims, aside from said plaintiffs and attorneys?
Reasonable, documented claims for actual injuries or losses suffered and remediated by reputable parties, sure. Nobody’s got a problem with that. But poorly substantiated claims and unusually high demands for compensation, no. Those cannot be tolerated.
Such practices have long been prohibited in Texas, but clever and unscrupulous persons discovered a loophole and have been exploiting it to the detriment of targeted defendants and society at large.
Nearly 20 years ago, the Texas Legislature added the “paid or incurred” statute to the state’s Civil Practice and Remedies Code, thenceforth requiring plaintiffs to document the expenses actually paid, or to be paid, for treatment received in response to injuries allegedly caused by the defendant.
Here’s the loophole: bypassing healthcare providers who rely on third-party payments (e..g., insurance and Medicaid) subject to review and instead seeking out providers who are willing to work a deal and inflate the costs.
Senate Bill 207, which aims to close that loophole, has the vigorous support of the Keep Texas Trucking Coalition (KTTC) and the industry it represents.
“The litigation environment for owners and operators of commercial or company vehicles has reached a tipping point that . . . will result in growing small business failures, increased costs of doing business for the companies that survive, and increased costs for goods and services purchased by all Texans,” KTTC warns.
“Motor vehicle litigation is increasing in the state,” the coalition reports. “Abusive crash lawsuits threaten our supply chain, leading to empty grocery store shelves, more expensive goods and services, and countless jobs lost.”
KTTC recommends “common-sense reforms to help level the playing field,” such as restricting liability to “medical bills actually paid or owed by the plaintiff” and “addressing legal tactics that manipulate juries into larger settlements.”
Common-sense reforms are what SB 207 provides. If you want Texas to keep on trucking, urge your legislators to vote for it.