Applying the Collateral Source Rule in Personal Injury Trials: Medical Expenses, Insurance Write-Offs
Recording of a 90-minute CLE webinar with Q&A
This CLE course 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 panelist 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.
- Overview and history of collateral source rule
- Historical ways of proving reasonable and incurred medical expenses
- How have defendants begun challenging the admissibility of medical expenses?
- Three approaches to introducing medical expense damages
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?
Martin A. Levinson
Hawkins Parnell & Young
Mr. Levinson represents businesses and individuals in all phases of the litigation process, from pre-suit investigation... | Read More
Mr. Levinson represents businesses and individuals in all phases of the litigation process, from pre-suit investigation through litigation and appeals. He is admitted to all state and federal trial and appellate courts in the State of Georgia as well as the U.S. Supreme Court and he has appeared in the courts of over 60 Georgia counties and all three U.S. District Courts in Georgia. Mr. Levinson has also handled numerous cases in the Georgia Court of Appeals and the Supreme Court of Georgia.Close
Zachary M. Wilson, III
Hawkins Parnell & Young
Mr. Wilson defends a wide variety of litigation arising from personal injury and wrongful death involving premises... | Read More
Mr. Wilson defends a wide variety of litigation arising from personal injury and wrongful death involving premises liability, product liability, and transportation. He represents clients in these matters ranging from individuals to the nation’s largest trucking companies, retailers, and manufacturers of dozens of products. Mr. Wilson is active in all phases of litigation, including investigating and evaluating cases, coordinating written discovery and discovery motions, conducting depositions of plaintiffs, fact witnesses and experts, representing clients at motion hearings, and preparing motions and briefs for trial and appellate matters.Close