How Do I Prove Medical Expenses In Houston Accident Injury Case?
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How Do I Prove Medical Expenses In Houston Accident Injury Case?

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Accident & Personal Injury law firm and lawyer services in Houston, Texas at www.texasaccidentinjurylawyers.com. Accident & Injury law in Texas may not be as simple as you imagine and we therefore ...

Accident & Personal Injury law firm and lawyer services in Houston, Texas at www.texasaccidentinjurylawyers.com. Accident & Injury law in Texas may not be as simple as you imagine and we therefore believe that decisions about what evidence should be presented and how it should be presented are best made by an experienced Texas accident injury lawyer who represents you and knows all the facts of your particular case. Call our accident & injury attorneys in Houston on 713-957-2030.

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How Do I Prove Medical Expenses In Houston Accident Injury Case? How Do I Prove Medical Expenses In Houston Accident Injury Case? Presentation Transcript

  • CALL US NOW FOR A FREE PERSONAL INJURY CLAIM REVIEW Houston: 713-957-2030 (TOLL FREE: 888-777-6391)How Do I Prove Medical Expenses In Houston Accident Injury Case? www.texasaccidentinjurylawyers.com
  • The Workings of Texas Accident & Injury Case Claims» As we discussed in another article (read our Do I Really Need a Personal Injury Lawyer for my Accident & Injury Case? article), the question about recovering medical expenses in a personal injury case in Texas is governed in part by the Texas Constitution, in part by statute, and in part by court cases.» The importance of this fact is discussed in the referenced article and won’t be repeated here, but we suggest you read that article in connection with learning the answer to the question that is addressed in this article.» With this preamble in mind, we are almost ready for a discussion of how medical expenses can be proved in your Texas personal injury case. But first, a disclaimer: Keep in mind that this article is a general discussion only, and that you should seek the advice of your Texas accident injury attorney about your individual case. www.texasaccidentinjurylawyers.com
  • "Causation"; An Important Word in Texas Personal Injury & Accident LawLet’s begin with a general proposition of Texas law on the subject. An injuredperson can recover past, present and even future medical expenses in apersonal injury case, but only if the medical expenses were necessarilyincurred to treat the injury that was caused by the party that the injuredperson is seeking to hold responsible, and only if they are reasonable inamount. www.texasaccidentinjurylawyers.com
  • » So breaking that general proposition down, it isn’t sufficient to prove that you incurred or paid a lot of medical expenses after you were injured.» There is another important word to consider: “caused.” In legal terms, we convert the word “caused” to the word “causation” when talking about holding someone responsible for an accident or injury. The focus of this article is on how you must prove that causal connection in order to recover your medical expenses. www.texasaccidentinjurylawyers.com
  • » It might be helpful to give an example of an actual Texas case where the jury found that the injured party should recover more than a million dollars in medical expenses. In that case, which was decided in 2007, the trial judge disagreed with the jury verdict and entered a take nothing judgment.» The court of appeals disagreed with the trial judge, however, and sent the case back to the trial court for entry of judgment based on the jury verdict. The plaintiff, who was an heir of the injured party who died not long after the accident, was undoubtedly happy with that ruling.» Ah, but the defendant appealed and the Texas Supreme Court disagreed with the court of appeals and directed that it consider whether a remittitur (that is, a reduction in the amount of the judgment) could be ordered based on the evidence that was presented at trial, or if not, ordered that the case should be sent back to the trial court for a new trial. www.texasaccidentinjurylawyers.com
  • What did the parties learn, and what can we learn, from this case?» Well, the only evidence presented at trial about causation (that is, is essence, what caused the need for all that medical treatment) came from the daughter and son-in-law of the 86 year old injured party.» That doesn’t work, the Supreme Court said, because only a medical expert could testify about causation given the facts of this case. It would not be within the common knowledge and experience of a layperson to connect up the conditions in question, the causal relationship between those conditions and the accident, and the need for the medical treatment for which damages had been awarded, the court reasoned. www.texasaccidentinjurylawyers.com
  • » The specific holding of the court was as follows: We conclude that expert medical evidence is required to prove causation unless competent evidence supports a finding that the conditions in question, the causal relationship between the conditions and the accident, and the necessity of the particular medical treatments for the conditions are within the common knowledge and experience of laypersons.» The court’s holding might be easier to understand if you consider that the pre-accident condition of the injured party is usually an issue at trial, along with evidence about the accident itself, plus evidence about the injured person’s physical condition and progress after the accident. The court used an example to explain this. www.texasaccidentinjurylawyers.com
  • » If the injured party had suffered broken bones and other injuries that undisputed evidence showed were not present before the accident, then the physical condition and causal relationship between the accident and the conditions might well be within the general experience and common knowledge of laypersons.» Temporal proximity alone, however, or in other words closeness in time, between the accident and subsequently manifested physical conditions of the injured party does not prove causation, the court stated. It may create a suspicion of the causal link, or allow one to surmise the causal link, but that is not allowed because that is not evidence, said the court.» Referring to the holding in another case that it had decided previously, the Texas Supreme Court held that non-expert evidence alone is sufficient to support a finding of causation in limited circumstances where both the occurrence and conditions complained of are such that the general experience and common sense of laypersons are sufficient to evaluate the conditions and whether they were probably caused by the occurrence. www.texasaccidentinjurylawyers.com
  • Does Texas Accident & Injury Law Sound Complicated to You?It often is very complicated, and we therefore believe that decisions aboutwhat evidence should be presented and how it should be presented arebest made by an experienced Texas accident injury lawyer who representsyou and knows all the facts of your particular case. www.texasaccidentinjurylawyers.com
  • CALL US NOW FOR A FREE PERSONAL INJURY CLAIM REVIEW Houston: 713-957-2030 (TOLL FREE: 888-777-6391)Kennedy Hodges & Solomon Personal Injury Lawyers 510 Bering Drive, Suite 300, Houston, Texas 77057 info@texasaccidentinjurylawyers.com www.texasaccidentinjurylawyers.com