Personal Injury Lawyer Blog
The following blog entry is written to illustrate a common motion filed during the pre-trial stage of civil litigation. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.)
DEFENDANTS’ MOTION IN LIMINE TO SET REASONABLE VALUE OF MEDICAL SERVICES
SUBJECT EVIDENCE: REASONABLE VALUE OF MEDICAL SERVICES AS THAT AMOUNT REDUCED OR ADJUSTED BY MEDICAL PROVIDERS PRIOR TO PAYMENT BY NATIONAL INSURANCE CO.
Basis For Set Value: Hanif v. Housing Authority (1988) 200 Cal.App.3d 635, 641; Nishihama v. City & County of San Francisco (2001) 93 Cal.App.4th 298, 306-309; Civil Code Section 1431.2(b)(1).
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
INTRODUCTION
Under California Law, the most a personal injury plaintiff can recover for medical services is the amount that has been paid or incurred for those services, even if that amount is less than the market rate. Hanif v. Housing Authority (1988) 200 Cal.App.3d 635, 641; Nishihama v. City & County of San Francisco (2001) 93 Cal.App.4th 298, 306-309. Defendants Brenda White and Donna White hereby move this Court for an order setting the reasonable value of medical services for plaintiff’s medical providers to that which National Insur. Co. paid the providers on behalf of plaintiff Randall Brown due to his coverage through County Medical Services Program (CMSP), which coverage is facilitated by National Insur. Co. CMSP provides low-income indigent adults with health insurance in thirty-four rural counties in California.
The amounts paid, the amounts reduced as based upon an amount in excess of the allowed expense for a particular participating provider, and the amount plaintiff Randall Brown was responsible for while covered by CMSP (as through Aetna Blue Cross), is attached as Exhibit A. (See Part 2 of 3.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.