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Californians To Only Claim Actual Medical Expenses In Personal Injury Lawsuits

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The Supreme Court in California has ruled in the case of Rebecca Howell against Hamilton Meats & Provisions Inc., saying that only actual medical expenses can be claimed for damages, not billed medical services.

Howell filed a lawsuit against Hamilton Meats after an accident with a company driver caused her serious injury. The original trial court reduced her damages to the actual amount paid by her medical care providers, the SFGate reported.

A California state court reversed the decision, ruling that the law does not allow a plaintiff’s damages to be reduced because of compensation received by non-defendant sources.

Hamilton Meats appealed that ruling, and insurance companies and groups sought reversal of the ruling.

Allstate Insurance Co, said in a court filing, that allowing plaintiffs to recover billed medical costs rather than the lower costs of negotiated rates between insurers and health care providers could have driven the rates for consumers up and costs insurance companies billions.

An attorney for the plaintiff said that “[t]he ruling drastically rewrites a century of California law that says plaintiffs can recover the reasonable value of their damages.” disclaimer: This article: Californians To Only Claim Actual Medical Expenses In Personal Injury Lawsuits was posted on Tuesday, September 6th, 2011 at 7:49 pm at and is filed under Personal Injury Lawsuits.

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