Medical Expenses

ERISA Litigation Alert: Check Your Plan Subrogation and Reimbursement Language to Eliminate “Contractual Gaps”

by Richard Birmingham | Davis Wright Tremaine LLP on 5/21/2013

In U.S. Airways v. McCutchen, the U.S. Supreme Court upheld the ability of U.S. Airways’ health plan to recover medical expenses that it previously paid to the injured party from a third party settlement, but remanded the...more

Paying Your Bills After Your Work Injury

by Gelman Gelman Wiskow & McCarthy LLC on 5/20/2013

If you were injured at work and are disabled you may have many questions, such as, who is going to pay for your hospital and medical costs if you can’t work?...more

California Appellate Courts Impose Significant Limitations on Plaintiffs’ Claims for Medical Damages

by Marc Brainich | Sedgwick LLP on 5/16/2013

In two recent opinions, the California Court of Appeal has clarified and expanded the scope of the California Supreme Court’s holding in Howell v. Hamilton Meats and Provisions, Inc., 52 Cal.4th 541 (2011), regarding the...more

Medical Costs Involved With Serious Spinal Cord Injury Cases

by Law Office of Dean Standish Perkins and... on 5/15/2013

Severe spinal cord injuries (SCI) can cause partial or complete paralysis and result in a lifetime of medical care. ...more

San Diego Personal Injury Attorneys discussing Motorcycle Accident Law

by Mitchell | Gilleon Law Firm on 5/10/2013

Fighting for Your Legal Rights - San Diego is a community that's made for motorcycles. The weather is generally amenable to such modes of transportation, and being able to maneuver through traffic is an advantage to...more

White Paper: The Other Shoe Drops – Corenbaum Answers Questions Raised by Howell

by Thomas LoSavio | Low, Ball & Lynch on 5/8/2013

In Howell v Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 the California Supreme Court decided that a plaintiff’s recovery for past medical expenses is limited to the amount paid for the medical expenses after any...more

Can an undocumented immigrant recover damages after a car accident?

by Demas Law Group on 5/7/2013

Every day, undocumented immigrants are involved in car accidents and suffer injuries. However, many of these undocumented immigrants do not seek compensation due to the fact that they believe they are not entitled to any...more

Court of Appeal Applies Howell Rule to Future Medical Expenses and Noneconomic Damages

by Samuel Sorich | Barger & Wolen on 5/6/2013

In Howell v. Hamilton Meats & Provisions, Inc., the California Supreme Court ruled that where a plaintiff’s medical care provider, pursuant to a prior agreement with the plaintiff’s health care provider, accepted less than...more

High Court Rules Equitable Defenses Don’t Override ERISA Plan Terms

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/19/2013

On April 16, 2013, the U.S. Supreme Court issued its decision in US Airways, Inc. v. McCutchen (No. 11–1285), deciding the issue of whether equitable defenses, such as the principle of unjust enrichment, can override the...more

Howell Rule Applies When Medical Services Were Paid by Medicare, Court of Appeal Concludes

by Barger & Wolen on 4/12/2013

In Howell v. Hamilton Meats & Provisions, Inc. the California Supreme Court ruled that a plaintiff’s recovery of medical damages is limited to the amount paid by the plaintiff’s health insurer and accepted by the health care...more

What Kind of Auto Insurance Should I Get in California?

by Demas Law Group on 4/3/2013

If you live in California and are seeking insurance coverage for your vehicle, there are a few facts about the state you should know so that you make the best possible decision about your coverage....more

IRS Reporting Requirements for Class Action Settlement Payments and Court Awarded Damages

by Jennifer Benda | BakerHostetler on 2/20/2013

When finalizing class action settlements, or paying damage awards after a class action judgment, it is important to be mindful of the taxation of these payments and the related IRS information reporting requirements triggered...more

Knocked Down By Door

by Demas Law Group on 2/5/2013

A woman has filed suit against a Texas hospital for injuries she suffered when she claims an employee knocked her down with an electric door. This slip-and-fall case alleges that the woman received the injuries through...more

Time to Examine Tennessee’s Collateral Source Rule by William Walton

by William Walton | Butler, Snow, O'Mara, Stevens and Cannada,... on 12/4/2012

Originally published in the Tennessee Bar Association - December 1, 2012. Taking Another Look at Fye v. Kennedy - Damages in tort law are designed to compensate for injury and, in the words of one court, “only for...more

Compensation Awards in Sexual Assault Cases - Case Summary #2

by Emily Da Silva, Elizabeth K.P. Grace | Lerners LLP on 6/14/2012

M.B. v. 2014052 Ontario Ltd. (Deluxe Windows of Canada), 2012 ONCA 135 M.B. moved to Canada in 2002 and began working at Deluxe Windows of Canada (“Deluxe Windows”) in December 2003 as a commissioned salesperson. She...more

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