In Texas, health care liability claims, and in most personal injury claims, medical expenses related to the care and treatment of an injured person often constitute a significant portion of the damages that might be recovered at trial. Recoverable medical expenses were addressed in the 2003 tort reform legislation. The new statute, Section 41.0105 of the Texas Civil Practice and Remedies Code, changes the way in which courts and juries are to evaluate this element of damages.Since the change of the legislation of paid v. incurred, insurance companies have been paying less money for personal injury claims. This is so because the new legislation allows them to only paid on what was "actually paid" on behalf of an insured not what was "incurred" during an accident.
But what does that mean? It means that if two people have the same accident, but one has insurance and the other one does not, the person without insurance will have a greater chance to recover more money than the person that does. What? So, in Texas, if you do the right thing and have insurance, you are been penalized? Exactly.
Our lawyers have been faced with this dilemma for our clients for a while now. We have opted to take those cases that leave our clients without funds in their pockets to trial. In that way, the juries have the potential to hear what was incurred on behalf of the client.
For decades, the collateral source rule would bar insurance companies from bringing forth what was actually paid, now because of this legislation, the insurance companies that are supposed to paid the injured person are the one's benefiting from this law. Until the law is changed, our San Antonio lawyers will be fighting in court for the rights of our injured clients.
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