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TAKE COVER AND HOLD ON TO YOUR RIGHTS: THE TEXAS LEGISLATURE IS IN SESSION


The Texas legislature is in session again, and as they say in the capitol, no one is safe. Instead of focusing on our state’s very real budget shortfall – which by the way the former comptroller, once gubinatorial candidate warned and was chided about in her unsuccessful bid to unseat Governor Perry – rumblings of tort reform are heard in the capitol rotunda. Governor Perry is talking it up with lobbyists and legislators to pass more tort reform laws that include:

  • Creating an early dismissal option for frivolous lawsuits;
  • Ensuring victims of frivolous lawsuits do not bear the financial burden of defending themselves through the creation of a loser pays system; this «one-way loser pays» bill will only make the losing plaintiff pay the prevailing defendant’s attorneys fees.
  • Ensuring new laws cannot create causes of action unless expressly established by the Legislature; and
  • Setting up expedited trials and limited discovery for lawsuits with claims between $10,000 and $100,000.

The Governor needs to ignore special, self preserving interests and stick to the really important business of paying our state’s bills. The legislature has their hands full without being distracted by Govenor Perry’s political agenda. Leave Texans and what remains of Texans’ access to the courts alone!

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I Can Understand Buying a Car Without A/C, But Not Without Turn Signals


This article may appear to be about the annoying people who change lanes and make turns without the courtesy and safety of using their turn signals. It’s not. It is about safety devices, designs and equipment that are found on consumer products.

Turn signals, seat belts, fire retardant children’™s pajamas, safety locks on guns and rifles, and shields and other protective covers are just a few of the safety devices, designs and equipment that consumers enjoy because of decades of litigation by trial lawyers on behalf of innocent victims. These safety devices, designs and equipment actually work when they are not tampered with, removed, circumvented or altered. So, if you buy a car with law-mandated safety equipment such as seat belts, why would you not use them? If you bought a table saw with a law mandated safety guard over the sharp, spinning blades, why would you remove? If you bought a gun with a safety lock, why would you not use it until ready to fire the gun? It is hard to understand, but many people do ignore safety devices, designs and equipment. Worse yet, these safety devices, designs and equipment are often tampered with, removed, circumvented or altered on a regular basis. Not only are all consumer protections lost at that point, but the ability to bring a lawsuit to recover for injuries and damages is severely impaired if not completely destroyed by such conduct. The consumer must respect not ignore – the warnings and safety devices, designs and equipment that are there for their protection.

Prescription drugs have safety devices, designs and equipment, too. Prescription drugs are dangerous and do have side effects, and need these safety devices, designs and equipment, called warnings. Warnings are contained in the œpackage insert that comes with the prescription either from the company or the pharmacists. Warnings work only when they are accurate, complete and adequate. Further, accurate, complete and adequate warnings work only when strictly followed: The drug must be taken as prescribed by the physician, and a prescription drug prescribed for one person must not be taken by someone else.

The drug companies must accurately and completely disclose all of a prescription drug’s dangerous side effects so the warnings accurately, completely and adequately warn the patient. Drug companies must also constantly update the warnings as new information is obtained. More times than not, however, the drug companies are not inclined to give accurate, complete and adequate warnings because more numerous and severe the warnings, the fewer prescriptions will be written for that drug. The prescribing physician will find a better, safer alternative drug that is equally effective without the same risks.

Litigation against the drug companies is based on inaccurate, incomplete and inadequate warnings, as well as manufacturing and design defects. The prescribing physician has the responsibility to discuss a prescription drug’s side effects with the patient, as well as the risk of those side effects and the benefits of the drug. It is only when the warnings that the physician has access to do not include all known dangerous side effects that a case exists against the drug companies. After all, we know all drugs have side effects. We as the patient have the absolute right to know what those side effects are so we can have that risk/benefit discussion with the physician and make the decision whether to take the drug. As a patient, we have the right to know what the drug company knows about their prescription drugs before we take it. After we take the dangerous drug and are injured by it, the questions becomes what did they know and when did they know it.

You can’t claim ignorance of the drug’s warnings any more than you can claim you bought the car without turn signals or that the seat belt is too uncomfortable to wear. All are safety devices that are there for your safety.

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Texas Auto Accident Lawyers

Texas Auto Accidents

Auto Accident Litigation Law Firm

At the Houston / Dallas law offices of Bailey & Galyen, our Texas Auto Accident Lawyers represent clients in the negotiation and litigation of serious auto accident lawsuits related to:

Catastrophic Personal Injury

Possibly the most common form of catastrophic personal injury, the negligent operation of an automobile on our roadways results in thousands of needless injuries and deaths each year.

The consequences of these accidents can be devastating to both you and your family, leaving you struggling to pay medical bills and replace lost wages while you recover. Adding insult to injury dealing with an insurance bureaucracy concerned only with its own financial well-being rather than fair compensation for your very real injuries.

  • Spinal Cord Injury
  • Brain Damage
  • Amputation
  • Paralysis
  • Burns
  • Scars
  • Paraplegia
  • Back
  • Neck Pain
  • Broken Bones
  • Blindness
  • Deafness

Car Liability Insurance

Our lawyers are intimately familiar with your state’s liability laws and insurance regulations and won’t hesitate to take a case to trial if it’s the only way to secure maximum compensation. In addition, we utilize the latest technology in the investigation of auto accident liability, including accident reconstructions and expert witnesses, in order to identify all liable parties, including:

  • Operator
  • Manufacturer
  • Repair / Maintenance
  • Government (roadway & signage issues)
  • Liquor / Alcohol establishments («dram shop» laws)

The cost of litigating an automobile / car accident claim against an insurance company is considerable, with substantial up-front expenses related to expert witness testimony, depositions and accident reconstruction. That is why Bailey & Galyen takes all car accident lawsuits on contingency, with NO FEES until we recover a positive judgment as compensation for your injuries.

The auto accident attorneys at Bailey & Galyen offer quality legal services and representation to clients throughout Texas, including Arlington, Bedford, Dallas, Fort Worth, Grand Prairie, Carrollton, Plano, Weatherford, Mesquite, Houston, Clear Lake, TX.

Bailey & Galyen is a nationally recognized Texas law firm with a nationwide practice in the litigation of personal injury and wrongful death lawsuits on behalf of clients across the country. Our TX trial lawyers and accident attorneys provide sound legal advice and aggressive trial representation to clients at multiple satellite offices, including:

Call Our Nearest Office for Prompt HELP:

Bedford Ph 817.868.5500 | Dallas Ph 214.252.9099 : 866.378.4705 | Fort Worth : Ph 817.263.3000 | Houston : Ph 281-335-7744 : 866-715-1529 | Arlington : Ph 817.276.6000 : 877.345.6767 | Grand Prairie : Ph 972.642.7900 : 866.380.3369 | Weatherford: Ph 817.594.5428 | Mesquite: Ph 972.682.7868