Strategies, Challenges, and Answers

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...]

The Accident Report Favors Our Driver. Liability’s A Lock! Or Is It?

A taxi cab hits the back of a small pickup truck.  Witnesses place blame on the cab.  The officer tickets the cabbie.  The officer prepares a traffic accident report.  The report says the cab driver is at-fault. When trial comes around, the judge admits the traffic report into evidence.  In the case of Frias v. Valle, 101 Nev. 219, 698 P.2d 875 (1985), the Nevada Supreme Court reviewed the evidence and sent the case back to be tried again.  But why? The Court explained the traffic accident … [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...]

“Billed vs. Paid” Controversy Across The Country

In December, 2011, the Nevada Law Blogs addressed the question of whether the Nevada Supreme Court would limit Plaintiffs to presenting evidence of the amount that their medical providers accepted in full payment, rather than allowing Plaintiffs to present evidence of the much higher unadjusted bill.  See HERE. The Nevada Supreme Court decision still has not come down.  Even so, discussions from other states regarding this topic have taken off.  For example, on Linked In, attorneys from the … [Read more...]