Applying the Collateral Source Rule in Personal Injury Trials: Medical Expenses, Insurance Write-Offs

A live 90-minute CLE webinar with interactive Q&A


Wednesday, September 15, 2021

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, August 20, 2021

or call 1-800-926-7926

This CLE webinar will guide counsel in personal injury cases on contending with new applications of the collateral source rule and increasingly contentious battles over a reasonably incurred medical expense. Defendants have been asserting and using the collateral source rule to exclude evidence of the plaintiff's medical expenses by claiming that write-offs and lower reimbursement rates mean that the full amount of the medical costs were not "incurred." The panel will review how states have responded, identify the parties' strategies, and explain how differences in hospitals' and insurers' reimbursement and recovery of costs and expenses impact these issues and how the collateral source rule affects damages and recovery.

Description

The collateral source rule provides that if the plaintiff receives benefits from someone other than the defendant tortfeasor, such "collateral" benefits are not revealed to the jury, not introduced into evidence, and not deducted from the total damages awarded to the plaintiff. In recent times, the types and number of "collateral sources" available to plaintiffs have increased: union benefits, veterans' facility treatment, charity-affiliated reduced rates, and more.

The law in every jurisdiction allows plaintiffs to recover the "reasonable value" of the medical services incurred. Defining "reasonable medical expense" has become less clear, more contentious, and the subject of increased litigation and legislation.

Defendants have begun objecting to medical bills identified in an exhibit list or via a motion in limine filed shortly before trial claiming that such medical expenses are neither "reasonable" nor "incurred" by the plaintiff. Defendants argue the bills were not actually "incurred" by the plaintiff because a collateral source paid them (e.g., private health insurance, state Medicaid, Medicare, workers' compensation, governmental assistance programs, etc.).

States have generally adopted one of three basic approaches on medical expenses that can be introduced into evidence and how much can be recovered.

Listen as our panel of experienced practitioners discusses medical expenses, insurance write-offs, and the collateral source rule in personal injury cases.

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Outline

  1. Overview and history of collateral source rule
  2. Historical ways of proving reasonable and incurred medical expenses
  3. How have defendants begun challenging the admissibility of medical expenses?
  4. Three approaches to introducing medical expense damages

Benefits

The panelist will review these and other key issues:

  • What is the collateral source rule?
  • What are collateral sources?
  • What is an "incurred" medical expense?
  • What are the different approaches taken by the states for introducing medical expenses?

Faculty

Levinson, Martin
Martin A. Levinson

Partner
Hawkins Parnell & Young

Mr. Levinson represents businesses and individuals in all phases of the litigation process, from pre-suit investigation...  |  Read More

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Early Discount (through 08/20/21)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include program handouts.

To find out which recorded format will provide the best CLE option, select your state:

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