By Lee Mickus, a partner in the Denver, CO office of Evans Fears & Schuttert LLP, and Alexander G. Mickus, a J.D. Candidate at the University of Iowa College of Law.
The Texas legislature and courts have long sought to prevent plaintiffs in personal injury cases from exploiting medical expense damages to produce windfall recoveries. With the enactment of Tex. Civ. Prac. & Rem. Code § 41.0105 in 2003, the Texas legislature limited the sums recoverable for treatment of the plaintiff’s injuries to “the amount actually paid or incurred by or on behalf of the claimant.”
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