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Damages › Collateral Source Rule

Downs Rachlin Martin PLLC

Recovery of Medical Bills: “Face Amount” VS “Amount Paid" - Medical malpractice plaintiff may not recover more than the defendant...

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For years a battle has been raging in the United States over whether a personal injury plaintiff can recover from the tortfeasor, by way of medical specials, (1) the “face amount” of her medical bills for accident-related...more

Harris Beach PLLC

Court Grants an Offset to Municipalities for ADR Pensions in Cases Where Employees Sue for Damages

Harris Beach PLLC on

On June 12, 2018, the Court of Appeals granted relief to municipalities such as the City of New York that exempt its uniformed service members from the Workers Compensation system. In Andino v. Mills, 2018 Slip Op 04273, the...more

Bradley Arant Boult Cummings LLP

Tennessee Supreme Court Rejects Efforts to Alter Existing Law on the Collateral Source Rule in Personal Injury Cases

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Last month the Tennessee Supreme Court, in Dedmon v. Steelman, affirmed the long-standing collateral source rule in personal injury cases. As long as an injured plaintiff can establish that the medical expenses they incurred...more

Butler Snow LLP

Dedmon Decided: The Destiny of “Reasonable” Medical Expenses In Tennessee Revealed

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In a stunning reversal of what appeared to be the trend towards discounted medical damages in personal-injury cases, the Tennessee Supreme Court ruled on Friday, November 17, 2017, that the Collateral Source Rule reigns...more

Baker Donelson

Maritime Collateral Source Rule Clarified By Fifth Circuit

Baker Donelson on

In an eminently reasonable, but apparently (surprisingly) res nova decision, the United States Fifth Circuit Court of Appeal has clarified that the maritime collateral source rule does not allow for recovery of medical...more

Snell & Wilmer

Measuring Medical Expense Damages and the Role of the Collateral Source Rule

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Two recent rulings illustrate the widely varying responses courts have taken in confronting an emerging national issue: how to measure damages for past medical expenses when the hospital’s treatment charges, before discounts...more

Butler Snow LLP

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

Butler Snow LLP on

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

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