MAIDA LAW FIRM, HOUSTON AUTO ACCIDENT ATTORNEYS WIN CASE FOR AUTO POLICYHOLDERS - Oldies 97.7 FM

Houston, United States – September 23, 2019 / Maida Law Firm- Auto Accident Attorneys of Houston /

Attorney’s Fees are now recoverable under a new UIM/UM case in Texas through a declaratory judgment action. The result is a significant decision and a case of first impression under Texas law.

On August 21, 2019, the San Antonio court of appeals upheld a trial court’s judgment awarding attorney’s fees in a UIM case as part of the claim for relief under the Uniform Declaratory Judgments Act (UDJA). The sole issue presented to the jury at the trial court was whether the injured Plaintiff was legally entitled to recover attorney’s fees in addition to their actual damages. Previously, Texas Courts had held that no attorney’s fees could be awarded, which left insurance companies with no exposure beyond their policy limits and no incentive to ever pay their insured policyholders fairly.

As a result, auto insurance companies were able to sell policies, collect premiums and arbitrarily, and often without a rational basis, refuse to pay claims. These big auto accident UM/UIM carriers routinely failed to pay or underpaid claims by their own insured drivers. Now, under the Court’s ruling, insured’s can seek and recover attorney’s fees against their insurance company when their own carrier does not treat them fairly.

This new decision represents a much-needed tool for Texas auto accident attorneys in the fight against these unscrupulous insurance companies and it is a significant turn in the way UM/UIM cases will be litigated. We can finally put a stop to the bully tactics of these insurance companies (and all other motorist insurance carriers) used by them against their own insured customers who need to make a claim under their own Uninsured and Underinsured insurance policies.

It should be noted, however, that in successfully defending a declaratory judgment action, the insurer may be entitled to an award of its attorney fees as well. We will continue to monitor this case to see if it makes its way to the Texas Supreme Court.

Maida Law Firm – Auto Accident Attorneys of Houston also offers our accident victim clients access to medical treatment so they can focus on getting well and recovering from their injuries while we focus on obtaining the best possible outcome in their case.

As part of our Plaintiff Personal Injury legal services, the arrangement also cuts across our other practice areas including representation for victims of trucking and 18- wheeler accidents, motorcycle accidents, construction accidents, workplace accidents, medical malpractice cases, premises liability cases, drunk driving cases, wrongful death suits and more.

Maida Law Firm – Auto Accident Attorneys of Houston is located at 8313 Southwest Freeway #102, Houston, TX 77074. To schedule a free consultation, contact their team via phone at 713-785-9484 or send online inquiries via email to themaidalawfirm@gmail.com. Visit their website for additional information regarding their services at https://maidalawfirm.net/.