An injured person must prove their case at trial. They must introduce pertinent evidence including proof of medical bills that are reasonably priced. The defendant can attack this evidence.
The judge rules on the admissibility of the medical bills and other damages and the jury decides how much compensation the injured party receives.
To make trials more efficient and fair, Texas law has allowed the parties to prove and disprove medical bills and records with affidavits since 1979.
The New In Re Allstate opinion
The Texas Supreme Court issued an opinion on Friday that will dramatically curb the use of these affidavits and require doctors to testify in person.
The justices directed a Corpus Christi trial court to vacate its order that struck a counter-affidavit filed by the plaintiff’s car insurance company.