by Karen A. Feld on October 19, 2015
A new case came out from the 4th District Court of Appeal applying the Howell rule to uninsured plaintiffs. Bermudez v. Ciolex.
The plaintiff in this case was an uninsured pedestrian. His medical bills were $450,000, none of which were paid. He requested $691,000-984,000 in future medical expenses. Defense counsel argued the necessity and reasonableness of past medical expenses and suggested that past medical expenses should be $135,000. He did not provide a number for future medicals. The special verdict form awarded $460,431 in past medicals and $425,000 in future medical expenses. The total ... Continue Reading
Bermudez v. Ciolex, Damages, Howell, medical bills, uninsured pedestrian,
by Karen A. Feld on October 23, 2014
In a run-of-the-mill personal injury lawsuit, a plaintiff will seek medical treatment from a provider. The provider will bill $x and that number forms the basis for damages in a lawsuit. For example, if the plaintiff has surgery and the surgery costs $20,000, then $20,000 is the number shown to the jury. The jury uses that number to come to a total damages award. (By law, payments made by an insurance company cannot be presented to the jury.)
Factoring companies have entered the personal law arena by making it profitable to increase the medical bills thereby increasing the jury verdicts.
... Continue Reading
Damages, Evidence, Hanif, Howell, Jury, Medical Factoring, Personal Injury,