San Jose, CA asked in Personal Injury for California

Q: In computing an injured plaintiffs medical economic loss damages, where plaintiff's insured negotiates a cash payment

Of plaintiff's medical expenses in an amount less than the medical provider billed "customary and usual charges" can plaintiff recover from the defendant tort-feasor the full amount of the billing?

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1 Lawyer Answer
Randall R. Walton
Randall R. Walton PRO label
  • San Marcos, CA
  • Licensed in California

A: Yes, usually, but to completely answer this question it would be helpful to know how the medical bills were paid to the provider. The answer might be different if the bills were paid in cash, private insurance, or a public plan such as Medicare or Medi-Cal.

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