Using controverting affidavits effectively and efficiently remains a constant battle in Texas personal injury cases. The controversy over controverting affidavits was born in 2003 when Section 41.0105 of the Texas Civil Practice & Remedies Code was enacted as part of “tort reform” legislation seeking to limit medical expenses a plaintiff can recover to only those that are “actually paid or incurred.”
The Texas Supreme Court’s decision in Haygood v. De Escabedo held that Section 41.0105 of the Texas Civil Practice and Remedies Code “limits a claimant’s recovery of medical expenses to those which have been or must be paid by or for the claimant.” Haygood v. De Escabedo, 356 S.W.3d 390, 391 (Tex. 2011). Seven years later, lawyers are still struggling to find methods to present and challenge medical expenses in personal injury litigation.
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