Letters of Protection Article
“Abstract: Texas defendants found liable in personal injury lawsuits owe past medical
damages that the plaintiff paid or incurred but not charges that are written off. The
“incurred” language of the law has produced an unintended consequence: plaintiffs
can generate higher damage awards when they incur medical bills that remain unpaid
until the case is over. This article explores what happens when plaintiffs incur unpaid
medical expenses by entering into contracts, called “letters of protection,” that defer
medical payments until the case resolves. A substantial disparity can result when
calculating damages using the provider’s full incurred charge instead of the
discounted fee. Letters of protection are a great…” See the full article below
