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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (760) 571-5500
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
