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Medical Expenses Bodily Injury

Marshall Dennehey

Expert Testimony on Permanency of Respiratory Injury Requires Reference to Empirical Data

Marshall Dennehey on

Garced v. United Cerebral Palsy of Phila., 307 A.2d 103 (Pa. Super. 2023) - This matter involved a plaintiff’s claim that he developed reactive airway disease syndrome (RADS) from exposure to the fogging disinfectant...more

Rumberger | Kirk

Additur for Future Pain and Suffering Damages

Rumberger | Kirk on

When a jury’s verdict is unreasonably low, the presiding judge may increase it by awarding an additur pursuant to Florida Rule of Civil Procedure 1.530 and Section 768.74, Florida Statutes. However, as to damages for future...more

Carlton Fields

New Jersey Court Holds Primary Home Insurer Must Cover Dog Bite Injury at Insured’s Second Home

Carlton Fields on

In Berardi v. FMI Insurance Co., a panel of New Jersey’s Superior Court, Appellate Decision, affirmed a lower court’s ruling, which ordered a primary home insurer to defend its insured in a dog bite lawsuit, stemming from...more

Searcy Denney Scarola Barnhart & Shipley

The Different Types of Injuries Resulting from Car Accidents in Florida

Car accidents occur in varying degrees of severity. This is one of the reasons why there are many types of injuries that can stem from a wreck. Understanding the types of injuries that can occur, as well as how a victim’s...more

Ward and Smith, P.A.

UM/UIM Coverage: What It Is and Why You Need Enough of It

Ward and Smith, P.A. on

If you are injured in a car crash that isn't your fault, you expect insurance to cover your medical expenses and related costs from the crash. But you might be out of luck if you don't have sufficient UM/UIM...more

Searcy Denney Scarola Barnhart & Shipley

What You Need to Know About Florida’s No-Fault Car Insurance Law

Florida is in a minority of states which employ a “no-fault” personal injury system. This results in car accident victims first having to file a claim against their own insurance before submitting a claim to a defendant’s...more

Searcy Denney Scarola Barnhart & Shipley

The Different Types of Damages You May Be Entitled to in a Product Liability Case in Florida

Defective products can lead to serious injuries. As in any other catastrophic injury case, the damages which the victim suffers from such an event can be substantial. The types of damages to which you may be entitled can be...more

Holland & Knight LLP

Supreme Court Expands States' Ability to Recoup Future Medicaid Costs from Tort Recoveries

Holland & Knight LLP on

The U.S. Supreme Court interpreted the Medicaid Act on June 6, 2022, to permit state Medicaid programs to recover costs for future medical care that has not yet been provided and may never be provided from Medicaid...more

Jaburg Wilk

Arizona Insureds are Legally Entitled to Recover Reasonable Rather Than Incurred Medical Expenses

Jaburg Wilk on

Is an insured legally entitled to recover the incurred amount of medical expenses or a reasonable amount of medical expenses? This issue often arises in first-party bad faith cases arising from uninsured motorist (“UM”) and...more

Morris James LLP

You’ve been injured in a car accident. Now what?

Morris James LLP on

It is a sad fact of life that people are injured in car accidents every day on Delaware roads. The U.S. Department of Transportation’s National Highway Traffic Safety Administration recently announced that the number of...more

Morris James LLP

What Should You Do if You are Injured by a Dog Bite in Delaware?

Morris James LLP on

Dogs are a huge part of American society. According to the 2021-2022 APPA National Pet Owners Survey, 69 million U.S. households have a dog as a pet, and the Insurance Research Council reported that 21% of American families...more

Butler Weihmuller Katz Craig LLP

Personal Injury Protection Coverage: A Thing Of The Past In Florida?

Personal Injury Protection (PIP) coverage was first enacted in Florida in 1971.  PIP is also known as no-fault insurance, and it allows drivers and passengers to obtain insurance benefits for medical treatment and wage loss,...more

Rumberger | Kirk

A Quick Note About Florida PIP Setoffs Without PIP Insurance

Rumberger | Kirk on

Generally, Florida drivers are required to carry $10,000 in personal injury protection insurance.  Fla.Stat. § 627.736.  After a car accident, PIP benefits are paid toward the insured’s medical expenses, regardless of fault,...more

Roetzel & Andress

Can An Ohio Jury Award $0 For Pain And Suffering Even When It Finds That Plaintiff Was Injured? It Depends.

Roetzel & Andress on

Non-economic damages for pain and suffering are a source of constant consternation for Ohio courts because of their intangible properties and unquantifiable characteristics, which is why the subject is normally left for...more

Epiq

Got a Mass Tort? Tips on Resolving Healthcare Liens

Epiq on

The first two parts of this series on mass tort tips discussed the best practices for intake and how to develop an inventory of mass tort cases. Now that all that hard work has paid off, and it’s time for settlement. In any...more

Jaburg Wilk

Arizona District Court Holds "Reasonable" Medical Expenses Are Amounts Accepted by Providers as Payment in Full Rather Than Billed...

Jaburg Wilk on

The Holding - In Jimenez v. Progressive Preferred Ins. Co., 2020 WL 2037113 (D. Ariz. Apr. 28, 2020), a putative breach of contract and insurance bad faith class action arising from a MedPay claim, the Arizona District...more

Dentons

Iowa Legislature Addresses "Phantom Damages" in New Bill

Dentons on

Governor Reynolds signed a bill this week altering and clarifying the amount of damages a claimant may recover for medical expenses in a personal injury lawsuit. This new law remedies confusion that had arisen over time...more

Michigan Auto Law

Auto Insurance Recommendations For New Michigan No-Fault Law

Michigan Auto Law on

People often ask me “how much car insurance do I need?” Never has this question been more important than now. Michigan drivers now face the biggest changes in auto No-Fault insurance since the No-Fault Act was enacted in...more

Michigan Auto Law

Is Getting Insurance On Rental Cars Worth The Money?

Michigan Auto Law on

Should I buy rental car insurance? That’s the question that haunts so many of us as we stand at the rental car counter. We’re standing at the rental counter and the rental agent asks us if we would like to purchase rental...more

Searcy Denney Scarola Barnhart & Shipley

Head-On Vehicle Collisions

Head-on collisions are among the most dangerous of all car accidents. With the extreme forces involved, when one driver leaves another helpless to avoid a head-on collision, the consequences will often include permanent...more

Michigan Auto Law

How the New No-Fault Law Affects The Michigan Catastrophic Insurance Fund

Michigan Auto Law on

Catastrophically injured car crash victims are concerned about how the new, rushed, and poorly drafted No-Fault law could affect the vital medical benefits coverage they receive through the Michigan Catastrophic Claims...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Clever Trial Tactic Meets Resistance at the South Carolina Court of Appeals

In a matter of first impression, the South Carolina Court of Appeals recently put the brakes on a successful trial strategy increasingly employed by the plaintiff’s bar. In the case of Gary Nestler and Julie Nestler v. Joseph...more

Ward and Smith, P.A.

How Can Medicare Affect My Personal Injury Settlement?

Ward and Smith, P.A. on

Medicare is the federal health insurance program that covers people who are 65 or older and certain younger individuals with disabilities. If you are a Medicare recipient and you are injured, Medicare may cover the cost of...more

Ward and Smith, P.A.

North Carolina Cases Involving Traumatic Brain Injuries

Ward and Smith, P.A. on

A traumatic brain injury ("TBI") results from a specific traumatic event causing some type of damage to the brain. Such trauma could be the head being struck by an object or being jolted by a collision, or even having an...more

Butler Snow LLP

Bills, Bills, Bills: Calculation of Past Medical Expenses under Texas Law

Butler Snow LLP on

Under Texas law, recovery of past medical expenses is limited to the amount actually paid or incurred. Section 41.0105 was enacted in 2003 by the Texas Legislature as a tort reform initiative to limit past medical damages to...more

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