The Texas legislature enacted new amendments to Section 18.001 of the Texas Civil Practice & Remedies Code which provide clarity on a key issue faced by defendants litigating personal injury matters: the procedural use of affidavits to streamline proof of the reasonableness and necessity of medical expenses. The new amendments to Section 18.001 include the scope of affidavits, applicable deadlines, and required procedure.1 Additionally, recent Texas appellate court opinions have provided essential guidance as to the qualifications required to execute an affidavit under Section 18.001, as well as, the qualifications required to provide a counteraffidavit under the same provision.
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Sarah S. Schuller is an attorney with a primary focus on insurance litigation and national trial practice. She graduated from the Honors College at Texas Tech University and earned her J.D. from Texas Tech University School of Law.