Can the insurance company in a Texas Medical Malpractice case make payments instead of paying cash?

Posted almost 5 years ago. Applies to Texas, 3 helpful votes

Email

In general, if you file a medical malpractice case in Texas, there are some circumstances in which the insurance company can force you to accept future periodic payments instead of paying up front in cash.

In medical malpractice cases filed on or after September 1, 2003, if the future damages found by the jury are at least $100,000, the court must order periodic payment of all or a portion of the future medical costs if any party requests it, and may order periodic payment of other future damages on request as well.

Future payments may be funded by an annuity contract.

Payments for future loss of earnings will continue after the patient's death, but other payments will terminate.

Additional Resources

This Legal Guide is not intended to be a substitute for legal advice or consultation. Instead, it is intended to provide a general background of the issues presented. One should always obtain a formal consultation with an appropriately Board Certified attorney before making any decision regarding one's legal rights.

Rate this guide

Related Topics

Damages for personal injuries

Damages in personal injury cases generally compensate victims for their losses, but some damages are also meant to punish the injurer.

William J. Driscoll

Wrongful Death 101 (Kentucky)

Statute of Limitations: Wrongful death cases must be filed within 2 years of the date of death, but no later than one year from the appointment of the executor or administrator in probate... more

Types of personal injuries

There are many types of personal injuries for which financial damages can be awarded, including physical, emotional, and psychological injuries.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,520 answers this week

3,479 attorneys answering