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Justice in Texas - 2013
Laney Law Firm

(08/26/13 Laney Law Firm) - "...Their Day In Court"

The major part of my practice for over 40 years has been helping folks that have been wronged from the negligence or intentional acts of others -- so they can have "their day in Court." However, Big Business and Big Insurance company money has influenced the legal system to the extent that the Courthouse doors are effectively closed to many deserving victims of the negligence and intentional conduct of other folks and companies -- because the negligent wrongdoer has essentially become protected and immune to being held accountable for their actions --- It's become as if negligent folks and companies were a driver of an automobile, and given a carte blanche immunity from tickets and accidents, and are allowed to pass through red lights at speeds in excess of the limits, harming those in their path, but they themselves enjoy protection from harm or accountability, knowing that they will not have to pay for any harm that they have to others.

Much of this has to do with "Tort Reform" that the insurance companies and big businesses have promoted, with the aid of the news media telling the public incomplete and only sensational facts designed to stir and "shock" the conscious of the public and garner support and belief that tort reform is necessary.

As a result of the media and their incomplete stories, many folks assume that all claims made by folks that get hurt are automatically frivolous - even though they do not know all the facts of how the injury occurred -- thinking all those claims are frivolous --- that is, until they themselves get hurt by the negligence or intentional conduct of another.

I don't know how many times folks that have been injured from negligence or intentional conduct of another, have come in the law office, telling me of their injury and how it happened, but quickly adding and emphasizing emphatically, "now I want you to know that I am not one of 'those people' -- that this is not one of them frivolous claims -- that my claim is a 'REAL' and valid claim."

How a person feels about the subject is therefore dependent on "whose Ox is getting gored."

Most every one immediately forms an opinion from hearing the "news," believing what they hear or read to be true. Well, not that it is not true, but for the most part, the news one hears or reads is likely not the "full truth" or tell the full story. An example that everyone is aware of, is all the news hype about the claim involving McDonald's cup of hot coffee. Sure, if one takes what the news has portrayed as gospel, it seems "obvious" that it is a frivolous claim. However, I don't know of anyone who, after hearing the real facts of the case, hasn't changed their opinion to one that "oh, with those facts, I now see that it was not frivolous after all and agree therefore that McDonald's got what they deserved!" And even the judge (a safety valve to run away juries in these cases) reduced the jury's award by almost half, if I recall correctly.

An example from another high profile, but older case, was when Ford got hit with $60 million verdict for the rear end Ford Pinto explosion cases. It was not reported in the news to the public that Ford knew (internal memos involving officers of the company) of the defect, and consciously knowing of the defect that would cause explosions and death of innocent people, evaluated the cost of fixing the defect -- which was only a few cents a car - but when multiplied by the thousands of cars being manufactured-- compared the cost of fixing the defect to the cost they would incur to settled the estimated number of claims. When they compared those costs, they consciously chose profit, and sacrificed human lives. Based on greed and profit motive, they chose to not fix the defect because "it would cost less to just pay the expected claims. The jury that returned the punishing verdict heard all of the facts and evidence, most of which the public never knew, and they punished Ford for their putting company profits above the cost of human lives - and even then, using the "safety valve" of the legal system to limit what the public might think to be "run away verdicts." The Judge, also - unpublished in the news, and therefore unknown by the public - reduced the verdict.

News does not sell unless it is "sensational." Networks and newspapers are competing for views and readers. If they report things that take away from the sensationalism, they may lose viewers and readers. They want to portray only the facts that will make folks say "I cannot believe that person would make such a frivolous claim!" That is what "sells."

The steamroller of the big business and big insurance companies profiting from their negligence and even, knowing and intentional conduct, is going at breakneck, unstoppable speeds.

So, what does this all mean to you? The result is that if you or a loved one suffer a serious injury or even death, which arises from a "real" claim, caused by the negligence or intentional conduct of another, without proper counsel - counsel that is fully apprised of the various laws and loopholes, you should not expect that you will receive complete justice and in many cases, not "any justice."

At Laney Law Firm we know laws are ever changing and lobbyists are forever lobbying - and we make it a point to stay on top of the ever-changing landscape of the rights of the people. If you've been hurt or wronged - before you act, "Make Laney Law Firm Your Lawyer."

The HaleCenterInsider.com is excited to present this column to our readers and proud to be working with Mark Laney & Troy Bollinger. You can learn more about them and review their respective credentials by clicking on their names.

*** Make Laney & Bollinger YOUR Lawyers ***
Current Article
 Watching Greed Grow...AFTER You Die.

Archived Contributions
1.  Introduction to Laney & Bollinger
2.  Can I Prepare My Own Will?
3.  What Can You Do When Stopped For Speeding
4.  Justice in Texas - 2013
5.  Really?... Left Lane For Passing Only?
6.  Watching Greed Grow...AFTER You Die.

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