Recovery In A Personal Injury Lawsuit - Richard J. Plezia & Associates

Home ?\? Recovery In A Personal Injury Lawsuit: What Is Admissible At Trial? By Rene Faucher In 1998, an Appellate Court first described limitations on what medical expenses a personal injury plaintiff could recover. A number of court decisions have been rendered since then describing what evidence is admissible at trial on this issue. This is the story of Hanif and its progeny. In Hanif v. Housing Authority of Yolo County (1988) 200 Cal. App. 3d 635, the Third Appellate Court of Appeal held that a plaintiff's recovery of medical expenses was limited to the amount actually paid by Medi-Cal (California's Medicaid), where the plaintiff was never in any danger of becoming liable for the full medical bill. The First Appellate District Court of Appeal decided in Nishihama v. City and County of San Francisco (2001) 93 Cal. App. 4th 298 that the plaintiff's recovery for medical treatment was limited to the amount that their private health care insurer paid to the medical provider and not the amount billed by the provider under its customary rates.

Source: http://rickplezia.com/2012/07/24/recovery-in-a-personal-injury-lawsuit-what-is-admissible-at-trial/

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