There are so many things to consider when you’re involved in a civil case, whether you’re the Plaintiff or the Defendant. That’s why it’s so important to have a good attorney, like the team at Lento Law Group, to help you navigate the complex system of laws. An example of something an attorney can help you with is making or responding to affidavits under Texas Civil Practice and Remedies Code § 18.001.
When you sustain physical or mental injuries and decide to pursue litigation, you will need to have medical or psychiatric records and bills to prove your damages. You’ll be proving the amount you spent on care, the type of care that was needed, and the necessity of that care. Proving all of these things can become detailed and complicated. Your opposing party will do everything possible to prove that you didn’t need the care you received or that you paid too much for it.
One way to simplify the process if you are the Plaintiff is by filing a § 18.001 affidavit for each of your medical, psychiatric, physical therapy, or attorney’s bills and records. Unless the Defendant timely files a counter-Affidavit, a timely filed affidavit that the services were necessary and that the amount charged was reasonable is sufficient evidence for a judge or jury to find that the services were reasonable and that the amount was necessary. The Plaintiff’s affidavit has to be made by the service provider or the custodian of records. It has to include an itemized list of the individual services and the amount charged for each.
The Plaintiff has to serve their affidavits on all earlier parties by the earlier of 90 days after the Defendant files an answer or the date the Plaintiff has to designate expert witnesses. If you get new services after 90 days have passed after the Defendant answers, you can still file your affidavits by your expert disclosure deadline. You don’t have to file the actual affidavits with the court, but you have to file a notice that you served them on the other parties.
If you’re the Defendant, your counter-affidavit is due 120 days after you file your answer or by your expert designation deadline, which ever comes first. If the Plaintiff serves their affidavit more than 90 days after your answer, you have until the later of 30 days after you receive the affidavit or your expert designation deadline. Counter-affidavits, unlike the Plaintiff’s affidavit, are a lot of work. You have to hire an expert in whatever kind of service the Plaintiff received. This can be expensive. They will have to explain why the services and charges were unreasonable and unnecessary. They will have to explain this in enough detail to provide reasonable notice of the reasons you are challenging the affidavit. If you are a Defendant and you are served with one of these affidavits, you’ll want to hire an expert immediately so they can start working. You will want to file notice with the court once you serve your counter-affidavit on the other parties. If you are either party and you need more time to serve affidavits or counter-affidavits, you will want to file a Motion for an extension of time with the court. You will want to get it heard or set for submission, where the judge decides without a hearing, as soon as possible.
As you can see, handling a civil case, as the Plaintiff or Defendant, is complex. At Lento Law Group, we help clients with their civil cases in every state all the time. We would be delighted to help you too. Being part of litigation is stressful. Don’t go through it alone. Call us today.