Facts that you should know about Texas Law Suits:

What about all of the Frivolous Lawsuits?

Typically, to go before a jury in a medical malpractice claim, an attorney will invest between
$100,000.00 and $200,000.00 of his own financial resources.  Only a foolish attorney would throw
that kind of money away on a case that had not been fully investigated by medical experts, and
found to be meritorious!  Despite the incredible media hype about “
frivolous lawsuits” and the
“lawsuit lottery,” this has always been an area of intense investigation, and truly frivolous claims
are rare.  Many settlements (even post-trial settlements) require that the injured person remain
silent or risk losing their settlement proceeds.  Therefore, the settling defendant is then free to
“spin” the facts to the media any way they wish (take the infamous
McDonald’s hot coffee case,
for example).  Unfortunately, the media has been very effective at convincing the public that there
are a lot of "frivolous lawsuits," - even yours!  The reality is that frivolous lawsuits were very
rarely brought to trial in the first place.

How much will I receive from the verdict or settlement?

In a personal injury death that does not involve medical malpractice or product liability claims,
the attorneys are paid a percentage of the total amount awarded (regardless of how many
attorneys from the firm work on your case).  These fees range from 33.3% for the less complicated
automobile collision cases to 40% for the more complicated products liability or medical
malpractice cases.  The attorneys will work your case, typically for years prior to getting in front
of a jury, and this is the only compensation they will receive.  If we lose your case, we do not get
paid at all, and we will lose any money that we have invested in your case.  

While these expenses seem high, the attorneys of The Kelly Law Firm are cognizant of the fact that
in order to justify the bringing of the lawsuit, there needs to be some reason to do so.  Since money
damages are the only way that a company (be it hospital, insurance company, or corporate
employer) can pay for their liability, we understand that our goal is to make sure that the amount
of liability and injury warrants the prosecution of a lawsuit.

The balance of the recovery, after attorneys fees and litigation costs, is the amount that you
receive.  You will have the right to consider the offers of the defendants and make determinations
about such offers.  In the event that a jury makes the determination, then we will simply work with
whatever verdict they render.

If my child was injured, can I manage his/her settlement funds?

No.  When a minor is awarded a settlement in the State of Texas, the judge will order that the
funds be placed in a financial vehicle to ensure that the funds are best used for that purpose.  

The court may order the funds held in the court registry, or that they be paid into a minor’s
settlement trust account or structured settlement fund.  These funds will ensure that the resources
are not squandered, because they will be handled by a fiduciary officer who is responsible to your

Won’t the defendant’s just settle, they know they hurt my child?

Since the passage of House Bill 4 in 2003 (The so-called "tort reform" bill introduced by Tom
Delay), medical malpractice insurers in particular, but all insurance companies, in general, have
decided to under-value claims brought against them and their insured customers.  Because the
insurance companies actually provide the defense to the doctors and other defendants, they
actually make the decision not to settle.  This is often true even if the defendant actually wanted to
settle.  Because the insurance company was so effective in it’s media campaign against trial
lawyers (and therefore you – the injured person) they know that you will start the trial with jurors
who typically don’t trust you - or me.  For that reason, they also know that they win most of the
cases brought against them.  Simply put - they are happy to play those odds.  In fact, it has become
so bad, that they have resorted to underhanded tactics to influence the experts who should testify
for you - not to do so.  Read about this injustice

Won’t the Defendants just admit what they did?

No!  Rarely do defendants admit their wrongdoing.  In fact, it is not unheard of for doctors and
hospitals to alter records to reflect better care than they provided.  Unfortunately, we must use
those same records (created by the defendant) to prove the case against them.  Doctors typically
want to serve you well, but once they have made an error, many of them do not want to be held
liable for what they have done?

Does the hospital investigate the doctors?

Yes, but Texas law prevents us from ever getting those documents.  The jury can never know even
if the hospital investigated your case and found the doctor at fault.  Texas law makes that
information privileged, and prevents us from even seeing it – much less showing it to the jury.
"No man is
above the law,
and no man is
below it.  Nor do
we require any
permission when
we require him
to obey it."

Thomas Jefferson
Some Commonly Asked Questions - and the ANSWERS
Call for a FREE case evaluation: (512) 346-5688