CORPUS CHRISTI, Texas — State lawmakers in Texas are considering legislation that would change how much money injury victims can recover in court, potentially reducing settlements for those with life-altering injuries.
Senate Bill 30, which has already passed the Texas Senate and is now under review in a House committee, would set limits on settlements involving cases where someone suffers serious injuries and cap medical expense claims.
"The insurance industry is supporting these complimentary bills because it will help bring down the high volume of frivolous lawsuits we're now seeing in Texas, which in turn will bring down expenses leading to lower premiums," said Mark Friedlander, Insurance Information Institute spokesperson.
The bill would make it harder to collect money for "non-economic damages" – compensation for things like pain, suffering, and emotional trauma that don't have a clear dollar value. Victims would need to prove a "rational connection" between their suffering and their physical injuries.
"It's not that insurers wanna take away the right of a policyholder to sue... It's the tactics that are implemented by billboard attorneys. They are gaming the system," Friedlander said.
Under the proposed legislation, the bill would also cap what injured people can claim for medical expenses at three times what Medicare would pay.
"So really we're putting a danger to the whole system of compensation... to basically line the pockets of billion dollar insurance companies," said Robert Heil, injury attorney.
Heil claims people could be left struggling with lifelong injuries and inadequate compensation if SB 30 becomes law.
"Whether they're just truck drivers, school teachers... anyone who might be injured in the state of Texas. These are the people that will be affected," Heil said.
Gabriel Alvarado, who survived a 2009 explosion at a Corpus Christi refinery that left him in a coma for 90 days and permanently disabled, received compensation that covers his ongoing medical needs.
"Just my prosthesis alone is a hundred something thousand. Whether the loss of a leg or a limb. You can't put a value on that," Alvarado said.
Alvarado says under SB 30 victims like him might not receive enough money to rebuild their lives.
"You know, the law should be for us, not against us. I didn't sign up for this," Alvarado said.
KRIS6 News willl continue to follow this story and provide updates as the legislation progresses through the House committee.
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