Plaintiff's Response To Defendants' Motion To Exclude Evidence Of Medical Expenses Not Actually Paid Or Incurred


Since the latest wave of “tort reform” passed in the 2003 Texas legislative session, people with health insurance are now penalized when the time comes for settlement of their injury case. Rather than the responsible auto insurance carrier paying the total bills, plus pain and suffering, the auto insurance carrier now gets to take an offset for amounts of the bills that were written off by the claimant’s health insurance carrier. But even worse, some auto insurance carriers are trying to expand that law even more, to make it seem to the jury like the medical bills are even less than they actually were.

In this case, the defense firm filed a motion to exclude evidence of total medical bills from being presented to the jury. We filed a detailed and researched response, and defeated that motion.

Please see full Response below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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