The Baez Law Firm | San Antonio Lawyers and Attorneys

The Baez Law Firm | San Antonio Lawyers and Attorneys
San Antonio Lawyers and Attorneys

Friday, October 1, 2010

We represent the injured person all the way to trial

In Texas, health care liability claims, and in most personal injury claims, medical expenses related to the care and treatment of an injured person often constitute a significant portion of the damages that might be recovered at trial. Recoverable medical expenses were addressed in the 2003 tort reform legislation. The new statute, Section 41.0105 of the Texas Civil Practice and Remedies Code, changes the way in which courts and juries are to evaluate this element of damages.

Since the change of the legislation of paid v. incurred, insurance companies have been paying less money for personal injury claims. This is so because the new legislation allows them to only paid on what was "actually paid" on behalf of an insured not what was "incurred" during an accident.

But what does that mean? It means that if two people have the same accident, but one has insurance and the other one does not, the person without insurance will have a greater chance to recover more money than the person that does. What? So, in Texas, if you do the right thing and have insurance, you are been penalized? Exactly.

Our lawyers have been faced with this dilemma for our clients for a while now. We have opted to take those cases that leave our clients without funds in their pockets to trial. In that way, the juries have the potential to hear what was incurred on behalf of the client.

For decades, the collateral source rule would bar insurance companies from bringing forth what was actually paid, now because of this legislation, the insurance companies that are supposed to paid the injured person are the one's benefiting from this law. Until the law is changed, our San Antonio lawyers will be fighting in court for the rights of our injured clients.

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San Antonio, Texas, United States
Find Personal Injury Trial Lawyers that will treat you with dignity and respect. The Baez Law Firm, P.C. is dedicated to help those less fortunate. Our San Antonio Lawyers also handle family law, criminal defense, business law, immigration, social security disability, patent law, trade marks and much more. We are professionals that care about your legal needs. Our motto is simple: “Minimizing Legal Worries!”℠ Visit us at or call us (210) 979-9777. Have a blessed day!

Welcome to The Báez Law Firm, P.C.

1100 NW Loop 410, Suite 500
San Antonio, Texas 78213
Tel. (210) 979-9777
Fax. (210) 979-9774


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