What Medical Expenses Can I Recover in My Accident Injury Case - Houston Personal Injury Attorneys

by Texas Accident Injury Lawyers


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.
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. In this article we 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 is also established, then past, present and future medical expenses can be recovered.
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.
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.
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, 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.



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.
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.
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.
To learn more about personal injury and death claims or To speak with an experienced personal injury trial lawyer, please contact one of our Houston accident injury attorneys.
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About the Author
Kennedy Hodges & Solomon is a joint venture that was created when Kennedy Hodges, LLP and The Solomon Law Firm, P.C. combined their many years of courtroom experience to represent Texas accident and injury victims and their families. At Kennedy Hodges & Solomon, we have experienced Texas personal injury trial lawyers and staff, as well as lawyers who are experienced in the trial of complex business litigation matters. Our diverse and experienced Texas accident attorneys are adept at handling personal injury, wrongful death, medical malpractice, and product liability cases through all phases of litigation and are admitted to practice in state and Federal courts across the country.