LEGISLATION

LEGISLATION

Abusive commercial vehicle litigation is built on presenting misleading evidence to the jury—whether inflated medical bills or prejudicial evidence about a commercial vehicle operator’s conduct. The Legislature can rebalance this by clarifying the rules for how these lawsuits are tried and ensuring juries have the necessary facts to award a fair verdict.
  • Allows the parties to a lawsuit to present a jury with a variety of types of information about the true value of the healthcare services provided, not just the amount billed.
    • Along with evidence of the amount billed, the jury should be provided the amount that would be paid for the services by health insurers, Medicaid, Medicare and other sources so it can determine a fair and reasonable amount to award to the plaintiff.
  • Although often used to avoid the paid or incurred statute, letters of protection are not prohibited in the proposal because they can be used for a legitimate purpose.

Note:  Bill language is subject to change throughout the legislative process.

We cannot expect juries to arrive at a fair decision when given misleading, extraneous and purposely prejudicial information. The Legislature can rebalance this litigation by clarifying the rules for how commercial vehicle lawsuits are tried. This will ensure juries have the facts necessary to award fair compensation to Texans who are injured by the negligence of a defendant, while ensuring the litigation playing field is level for all players.

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