Loser Pays Bill

Q: I have been hearing reports about a "Loser Pays" bill that the Texas Legislature is currently considering. Won’t that be good for all Texans if it passes?

A: ABSOLUTELY NOT! At a time when our State Legislature should be working to address our state budget crisis and the firing of thousands of valuable teachers, it is instead focusing on trying to pass a new law for political payback to the corporations and insurance companies that paid to have them elected. Proponents of the bill have deceptively named it "Loser Pays" but that name is a sham. The new law, if passed, will apply to almost every type of case including breach of contract, insurance claims, property rights, personal injury, family law cases, homeowners’ cases and oil and gas leases.

Under this law, HB274, the victim of a drunk driver could have to pay the attorneys fees of the drunk – even if the victim WINS at trial. This law is so bad that MADD (Mothers Against Drunk Driving) testified against HB274 in front of a Texas Senate subcommittee on Monday, May 16, 2011 as they recognize it as a purely political payback bill to the insurance companies and big business by those they have paid to elect.

Frankly, it is shameful for any Legislator to promote this as a "Loser Pays" bill when it is secretly rigged to prevent anyone other than the insurance company, or big business, from ever winning. It goes far beyond favoritism and is nothing more than political payback to special interests. Each of our elected officials has published phone numbers, fax numbers and e-mails. You should be outraged at this political payback at your expense. You need to contact them and let them know you will not stand for any more politics at your expense.

I have written several Letters To The Editor to the newspapers across Texas highlighting the problems with this law in more detail, with an example of how it will adversely affect all Texans.

If you have any questions or would like a copy of one of my Letters To The Editor please feel free to e-mail my office at info@kerrycollinslaw.com or kcpc@txis.net. You can also call me at 817/335-9700.

The Law Offices of Kerry H. Collins & Associates, P.C.

1301 Ballinger Street

Fort Worth, Texas 76102

(817) 335-9700

(877) 988-1603 Toll free

kcpc@txis.net

info@kerrycollinslaw.com www.kerrycollinslaw.com

*Kerry H. Collins is Board Certified in Personal Injury
Trial Law by the Texas Board of Legal Specialization