Trials Part 1

As you may have noticed from the in trial this week, I am in trial. One issue which has come up in this trial and virtually every trial which concerns personal injuries is the use of affidavits to prove up medical records and billing. While it is specifically allowed under 18.001, the affidavit must track the language as set out, if not you may not get your bills or records into evidence. We have noticed that several hospitals and doctors instead of returning the affidavit we send filled out, they choose to either send their own or change the language. This could result in the affidavit being found defective and the your evidence excluded. So the moral of the story is once you get your affidavits back and make sure you read them to determine they are correct. Give yourself plenty of time to get them corrected before the filing deadlines. All our medical was admitted, but some of the bills were initially incorrect, but my co-counsel Sharon Steckler had them redo in the correct form and did so in plenty of time to get them filed timely. If you have questions or comments, let me know.