timely and compliant suspension letter). The effect of enforcing the Act’s mandatory procedures as written does not deprive non-compliant claimants of rights they had at common law or that exist outside of the Act; rather, the only effect of failing to fulfill the Act’s statutory prerequisites is that the claimant may not receive the benefits otherwise available under the Act. Cf. Wilkins, 47 S.W.3d at 492-96 (declining to construe failure to comply with promptness requirement to bar suit on common law cause of action). And because the right to compensation Blair seeks is created by the Act and did not exist at common law, the Open Courts provision of the Texas Constitution is not implicated. See Tex. Const. art. I, § 13; see also Sax v. Votteler, 648 S.W.2d 661, 665-66 (Tex.1983) (<HOLDING>). 4. Application Blair failed to comply with
holding that if no notice was given prior to the institution of an action a condition precedent to the right to bring the action does not exist and the buyerplaintiff has lost the right of his remedy holding that the right to bring a wellestablished common law cause of action cannot be effectively abrogated by the legislature absent a showing that the legislative basis for the statute outweighs the denial of the constitutionallyguaranteed right of redress holding that the statutes abrogated the common law recognizing the cause of action holding that the statute in question served to modify prior common law and that the legislature was empowered to make such changes in the common law based on the public interest