Damages


Texas Supreme Court Refuses to Apply a Counteraffidavit Death Penalty Trap

June 20th, 2021 By Erin Holmes

On May 7, 2021, the Texas Supreme Court issued an opinion in In re Allstate Indemnity Co., ruling that a party’s failure to comply with the requirements of Section 18.001 of the Texas Civil Practice and Remedies Code for counteraffidavits does NOT preclude the party from offering evidence or argument regarding the reasonableness and necessity of past medical expenses at trial. Following a motor vehicle collision, Plaintiff Alaniz filed suit seeking underinsured motorist benefits under her policy with Allstate.  She
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Prejudgment Interest 101

February 10th, 2017 By Todd Key

Any complete evaluation of consumer insurance litigation should include an estimate of potential prejudgment interest. Typical homeowners and business auto policies explicitly include prejudgment interest in coverage. Questions about prejudgment interest are generally overlooked until the eve of trial, but they represent a quantifiable financial impact to every insurance claim. Under Texas law, prevailing parties generally receive prejudgment interest as matter of course, absent exceptional circumstances. Richter, S.A. v. Bank of America Nat. Trust and Sav. Ass’n, 939 F.2d 1176
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Medical Expense Challenges – What To Do When Health Insurance Doesn’t Pay

February 8th, 2017 By Laura D. Tubbs

One of the most important issues that arises in the defense of third-party automobile liability and first-party uninsured/underinsured motorist cases is damages for medical expenses. Section 41.0105 of the Texas Civil Practice and Remedies Code provides that, in addition to any other limitation under law, recovery of medical or health care expenses in a personal injury suit is limited to the amount “actually paid or incurred” by or on behalf of the claimant. Tex. Civ. Prac. & Rem. Code §
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Future Medical Expenses After Escabedo

January 11th, 2017 By Catherine Hanna

In Haygood v. Escabedo, 356 S.W.3d 390, 399 (Tex. 2011), the Texas Supreme Court held that “only evidence of recoverable medical expenses is admissible at trial,” but no cases have directly addressed the impact of Escabedo on claims of future medical expenses. Plaintiffs are not required to use expert testimony to establish future medical expenses, but they must show there is a “reasonable probability” that they will incur expenses and must present evidence to show “future medical expenses are required
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