What Is an Affidavit of Merit?

An affidavit of merit is a legal document used to confirm the merits of a civil claim. It bears the signature of an expert on the subject, such as a physician during a medical malpractice claim. Affidavits of merit are most common in cases involving the alleged negligence of a professional, such as a doctor, accountant, lawyer, engineer or architect. Some states make it a requirement to submit a signed affidavit of merit with a claim as a plaintiff. Texas is one of these states.

When Is an Affidavit of Merit a Requirement in Texas?

In Texas, any case involving the alleged negligence or malpractice of a licensed or registered professional must come with an affidavit of merit submitted with the original cause of action (Texas Civil Practice and Remedies Code 150.002). The affidavit of merit must contain the signature of a licensed professional with expertise on the subject. The professional must have a license and be actively practicing in the field in question to have the power to sign an affidavit of merit in Texas.

A plaintiff in Texas bringing a case against a licensed professional of any kind will need to submit a relevant affidavit of merit with the initial claim if the cause of action arises from a professional’s training, experience and education. The point of this requirement is to help eliminate illegitimate or unfounded cases before they go to court, keeping the justice system more efficient. An affidavit of merit requirement can reduce the number of claims plaintiffs file, save on money put toward settling false claims and limit the number of decisions made by fear of potential lawsuits.

What Does an Affidavit of Merit State?

An affidavit of merit does not only contain a professional’s signature. It states the specifics of what the professional is attesting to be true about a plaintiff’s claim. Essentially, the affidavit of merit validates the merit of a claim before the lawsuit begins. In most personal injury claims, an affidavit of merit will state that the professional in question (the defendant) had a duty to meet a minimum standard of care and that the person signing the affidavit has reason to believe the defendant did not meet this duty based on the facts of the case reviewed.

In Texas, the affidavit of merit requirement states that the document must contain the signature of a third-party expert that sets forth the negligence, omission or error for the theory of recovery for which the plaintiff is seeking damages. The third party that signs or submits the affidavit of merit must have a valid license or registration in the State of Texas. The professional must also be actively engaged in a relevant profession. Failing to file an affidavit of merit on a case that requires one in Texas will result in the courts dismissing the cause of action.

How Long Does a Plaintiff Have to File an Affidavit of Merit?

In general, a plaintiff must submit the affidavit of merit along with his or her initial submission of a claim. The plaintiff must have all the required filing documents, supporting evidence and the affidavit of merit ready to go at the time of filing. In Texas, an injured accident victim must file this paperwork within two years from the date of the accident or the date of injury discovery for a valid claim.

Most victims have two years from their accidents to file affidavits of merit under Texas’ statute of limitations. The state might toll the deadline, however, in qualifying cases. The courts could grant an extension on filing an affidavit of merit if the statute of limitations will expire within 10 days of the plaintiff filing the petition. The courts will grant the plaintiff an additional 30 days after filing the claim to follow up with an affidavit of merit in these situations. An injury lawyer can help a plaintiff meet all of Texas’ affidavit of merit requirements when bringing a claim.