Medical records and treatment history in a Texas motorcycle injury claim.
A bill records a charge for a service. It cannot, by itself, establish who caused a crash, connect every treatment to the crash, or show that future treatment will be needed. The claim needs a dated medical history tying the event to the diagnosis, care, and changes in what the rider can do. Include improvement, unresolved questions, and continuing problems in that history.
Collect the emergency records, images and reports, specialist records, and therapy notes. The clinicians interpreting them need to know about relevant earlier conditions and events after the crash. For example, a prior knee or neck problem may have worsened in the collision or may explain some symptoms on its own. Before-and-after records help a qualified clinician distinguish those possibilities. Be open about prior treatment rather than hoping the other side will never find it.
For past expenses, gather the itemized ledger and records of payments, adjustments, and balances. Under Texas Civil Practice and Remedies Code § 41.0105, recovery of medical expenses is limited to the amount actually paid or incurred by or on behalf of the claimant. Future treatment needs its own support. Record the recommending provider, the reason for the care, and the expected timing and frequency. Do not present a possible operation as certain without further medical support. Add work restrictions and changes in daily activities to the treatment record.
Tell your providers accurately what you are experiencing and follow appropriate care. People who know you may be able to describe practical changes, such as missed shifts or difficulty using stairs. Check those observations against the dates and medical record. Do not describe a condition as permanently disabling before the prognosis supports that conclusion.
Read the motorcycle pillar for medical causation and future losses, and the claim value hub for settlement calculations. Find related topics in the motorcycle hub, or visit the Dallas service page. See § 41.0105.
What if my first scan was normal? A normal result may answer some questions but not every diagnosis. Follow clinical advice and let the qualified medical professional explain later findings.
ABOUT THE ATTORNEY
Aaron A. Herbert
Founding Attorney
Board Certified in Personal Injury Trial Law
Aaron founded The Law Firm of Aaron A. Herbert in 2010 to focus on developing each client's case and seeking its maximum value. For over a decade, he has represented people seriously injured in major accidents and industrial catastrophes, pursuing trial verdicts and settlements while working to reduce the stress of litigation.
Education
- Texas A&M University · B.S., Criminal Justice, 1999
- University of Oklahoma College of Law · J.D., 2002; graduated in the top of his class
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers