Accident & Personal Injury law firm and lawyer services in Houston, Texas at www.texasaccidentinjurylawyers.com. Your Texas personal injury lawyer is an invaluable resource for you in your accident or injury case. Understand that simply proving that the medical expenses were incurred or paid does not prove that they were necessary to treat the injury that is the subject of your personal injury claim. The best way to recover all of the medical expenses to which you are entitled are best made by an experienced Texas accident injury lawyer who represents you and knows all the facts of your particular case.

1. CALL US NOW FOR A
FREE PERSONAL INJURY CLAIM REVIEW
Houston: 713-957-2030
(TOLL FREE: 888-777-6391)
What Medical Expenses Can I Recover In
Houston Accident Injury Case?
www.texasaccidentinjurylawyers.com

2. What Medical Expenses Can I Recover in my Accident Injury Case ?
» As we discussed in another article (read our '
How do I Prove Medical Expenses in 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.
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3. Past, Present & Future Medical Expenses and Your Personal Injury Case
» Let’s begin, as we did in our related proving medical expenses article,
with a general proposition of Texas law on the subject.
» An injured person can recover past, present and even future medical
expenses in a personal injury case, but only if the medical expenses were
necessarily incurred to treat the injury that was caused by the party that the
injured person is seeking to hold responsible, and only if they are reasonable
in amount.
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4. » We discussed the importance of the word "caused" in that general
statement of the law in the article referenced in the preceding
paragraph. This article will focus on the other parts of this general
statement of law: Were the expenses necessarily incurred, and were
they reasonable in amount?
» If the answer to that question is yes, and if the causal connection that we
have discussed in our related
proving medical expenses (explanation of 'causation') article is also
established, then past, present and future medical expenses can be
recovered.
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5. » Understand, though, that simply proving that the medical expenses
were incurred or paid does not prove that they were necessary to
treat the injury that is the subject of your personal injury claim.
» Therefore, if you had an underlying condition or illness that was also
being treated, and the medical expenses can be separated, that must be
done when presenting damages at trial or for purposes of settling your
case.
» If the evidence of your damages is not properly separated and presented
at trial, and the defendant appeals your damage award for medical
expenses, you are looking at having to go to trial again to prove your case.
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6. » Sometimes evidence of your medical expenses can be presented by an
affidavit that includes an itemized statement of the medical services
and charges, signed by the person who provided the services or a
person who is responsible for keeping their records.
» If such an affidavit is presented at least 30 days before trial, and if it is not
contested by a controverting affidavit from the defendant, it is possible to
prove that the amount listed in the itemized statement was reasonable
and that the services were necessary.
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7. » If a controverting affidavit is served, however, the initial affidavit
cannot be used as evidence and it will be necessary to prove from
witness testimony that the services were necessary and the charges
were reasonable.
» This witness must usually be an expert, though sometimes a layperson
can testify about medical expenses as discussed in this article.
» Either way, keep in mind that all the affidavit or the witness testimony
accomplishes is to provide evidence that will support a finding of fact by
the jury (or the judge if there is no jury); it is not conclusive proof.
» In addition, keep in mind that an uncontroverted affidavit about necessity
and reasonableness of charges for the medical treatment does not prove
the other element that must be proven, which is the
causation element that is also discussed in this article.
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8. » The types of medical expenses that can be recovered include, by way
of example, hospital care, care provided by doctors and nurses and
other health professionals, medical tests, and medicine and drugs.
» It is also possible to recover other types of medical expenses, however,
including the cost or value of nursing care provided by your spouse or
other family member or someone else.
» You cannot, however, recover for the types of care that one spouse
typically provides to the other.
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9. » But on the other hand, it may be possible to recover for services that
were provided without charge, or that were paid for by a third party
such as an insurance carrier or the government.
» In order to be recoverable, medical expenses must be actually paid or
incurred by or on behalf of an injured person, though the legal bills do not
have to be paid before the case goes to trial.
» There is a statute in Texas that addresses more issues about the recovery
of medical expenses, and it will be the subject of a different article as we
continue to provide general information about your rights that we hope is
helpful for you.
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10. Again, Does Texas Accident & Injury Law Sound Complicated to You?
So we will end this article by asking the same question we have asked
before. Sound complicated? It often is very complicated, and we therefore
believe that decisions about the best way to recover all of the medical
expenses to which you are entitled are best made by an experienced Texas
accident injury lawyer who represents you and knows all the facts of your
particular case.
www.texasaccidentinjurylawyers.com

11. 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