Strategies, Challenges, and Answers

Advice On Settling Wrongful Death Claims in Nevada In January 2017 “Nevada Lawyer”

Mike Mills’ article on Settling Wrongful Death Claims in Nevada appeared in the January 2017 issue of the Nevada Lawyer magazine.  Mike was honored to join other legal scholars who covered important topics on Personal Injury Law in Nevada.  Check out Mike’s advice HERE. If you need additional information on this topic, please don’t hesitate to contact Michael C. Mills of Bauman, Loewe, Witt & Maxwell at 702-240-6060 x 114 or contact him by email at mmills@blwmlawfirm.com. … [Read more...]

Computation of Damages Update

In March, 2011, the Nevada Law Blogs described the advantages of consistent enforcement of the discovery rules that require the Plaintiff to disclose and compute their damages.  Fed. R. Civ. P. 26(a)(1)(A)(iii) and Nev. R. Civ. P. 16.1(a)(1)(D).  HERE.  Since that time, a number of courts in Nevada have sanctioned Plaintiffs for untimely disclosure of damages. In the case of Shakespear v. Wal-Mart Stores, Inc., No. 2:12-cv-01064-MMD-PAL, 2013 U.S. Dist. LEXIS 100644 (D. Nev. July 8, 2013), … [Read more...]

Collateral Source Is Still Good Law Despite Tri-County Equipment Decision

Following the California case of Howell v. Hamilton Meats & Provisions, Inc., 52 Cal. 4th 541, 257 P.3d 81, 128 CalRptr. 3d 658 (2011), the Nevada Law Blogs began wondering if Nevada would follow California’s lead and prohibit Plaintiff’s attorneys from introducing evidence of any medical bills that had been partially or totally forgiven by Plaintiff’s medical provider.  Then came the Nevada case of Tri–County Equip. & Leasing, LLC v. Klinke, 128 Nev. Adv. Op. 33, 286 P.3d 593 (2012). We … [Read more...]

California Court Clarifies Confusion Post-Howell

Ever since the California Supreme Court decided Howell v. Hamilton Meats & Provisions, Inc., 52 Cal 4th 541 (2013), California’s lower courts have been dealing with the billed vs. paid issue.  The opinion of Corenbaum v. Lampkin, 214 Cal.App.4th 1308 (2013) is an example. An intoxicated Lampkin drove his car and hit the taxi in which Corenbaum was a passenger.  Cornebaum’s medical insurance paid his bills but at a discounted rate.  In other words, the medical providers accepted the … [Read more...]

Nevada Kicks The Can Down The Road On The “Billed Vs. Paid” Issue

Plaintiffs often hope to recover a medical provider’s higher “billed” rate, even though the same medical provider accepts in full satisfaction a lesser “paid” amount from an insurance company.  We noted HERE that some states have either refused to allow evidence of the higher “billed” amount or have allowed rebuttal evidence that the doctor accepted the lower “paid” amount in satisfaction of the bill. As reported HERE, the Nevada Supreme Court case of Tri-County Equip. & Leasing, LLC., v. … [Read more...]