collateral source rule News

Plaintiff Must Prove Use of Mitchell Program Violated Collateral Source Rule

For the second time in a year, a federal judge rejected a plaintiff’s attorney’s argument that an insurance carrier acted in bad faith by using the Mitchell Decision Point program when calculating the value of a Colorado policyholder’s underinsured motorist …

Medical Billing, Insurance Write-Offs and the Collateral Source Rule

Recovery of Medical Expenses in Personal Injury Actions Generally To recover damages for past medical expenses in a personal injury lawsuit, a plaintiff must present evidence and prove that the medical expenses incurred were both “reasonable” and “necessary.” For more …

Insurance Companies Dodge Billion-Dollar Bullet in California

Court Limits What Medical Bills Juries Can View Insurance companies, and ultimately California consumers, avoided a windfall sought by the Consumer Attorneys of California to the tune of more than $3 billion dollars per year. On Aug. 18, 2011, the …