JUNE 2013

Texas Supreme Court Rules No Sentimental Damages For Death Of Pet

Last month the Texas Supreme Court ruled you cannot recover emotional damages for the loss of your pets. This has shaken up a lot of cat and dog owners. What do you think of the decision? Should pets have sentimental value?
Weird Verdicts – $1.6 Million Awarded To Frog-Phobic Owner

A NewYorker, with a lifelong fear of frogs, has been awarded $1.6 million after his property was overrun with frogs following a flood in 2000. The jury awarded the money to a 65 year-old man whose 40-acre plot in New York was transformed into a wetland after a property developer diverted water onto the land. The water attracted frogs. The victim had a deep fear of frogs since he was a child.
He sued the Town of Clarence, New York and the subdivision developer for damages. Nearly 37 acres of the man’s land is now covered in wetlands. The jury got it right in this case for sure!

Pelvic Mesh Defect Litigation Increases

Product liability lawsuits alleging that vaginal mesh devices implanted in women are defective and that manufacturers failed to warn about their dangers are shaping up into a widespread mass tort. Please call us to discuss these types of cases. We can help you!
‘People Can Make A Difference In A Person’s Life’ Department: Ohio Reports Record Low Prison Inmate Return Rate

Ohio credits this decrease to a focus on keeping inmates involved in the community after release from prison and the involvement of groups that work with inmates before their release. The drop comes even when the number of people serving time for drug and property offenses has risen in Ohio.
Groups that work on helping inmates readjust to life outside of jail are doing more to enter the prisons beforehand. Prisons have become more welcoming of such groups, which can include faith-based organizations, halfway houses, and volunteers.
Your Medical Bills And Liens

Last month the U.S. Supreme Court issued a ruling that is just plain terrible for folks hurt in accidents who have medical coverage. Here’s why. If you are injured in a slip and fall accident and have surgery, your medical bills are usually paid by your healthcare provider.
If you sue the company or person responsible for your injuries and get a recovery (money), you may be required to pay back the medical bills that your healthcare provider paid out in your behalf. That is called subrogation.
You use to get a credit (reduction) of the medical bills by the amount of your attorney fees. For example, if your medical bills were $100.00 and attorney fees are 33%, then the amount you had to pay back was $67.00 (100-33=67), not the full $100.00. You also got a credit for any costs the attorney incurred in getting the records and reports.
However, in April 2013, the U.S. Supreme Court ruled the language of your healthcare contract controls whether you are to receive are duction for attorney fees or not. So what do you think healthcare providers are going to do? That’s right. They are going to rewrite your healthcare contract the next time it comes up for renewal, to say you are not entitled to a credit for attorney fees. That means, instead of owing $67.00 on your settlement you will owe the whole $100.00. This is clearly unfair to innocent victims of someone else’s negligence – like a Wal Mart or a restaurant or anywhere else you might be hurt due to a company’s carelessness. What Can We Do About it? We have to write Congress and tell them to draft a bill (law) prohibiting healthcare providers from rewriting their contracts to stiff you out of your legitimate reduction of your medical bills. Congress does listen and I urge you to write to them. This is urgent! Please call us to discuss this issue.

The winner of last month’s drawing is Norma V. and she will receive a $50 gift card from us. Now for a chance to win a $50 Macy’s gift card. What woman is credited with making the first American flag?
Thank You Again

I want to personally thank every one of our 6,000 plus readers who take the time to read our Newsletter every month! Thank you also for your kind referral of family and friends to us concerning injury and criminal cases. You people are the greatest! We sure do appreciate it!! Please consider ‘Liking’ our new Facebook page at Bernard Tully Attorney At Law. I offer free legal tips on our Facebook page.
Summer Is Finally Here!

Your Attorney, Bernie