Perspective
May 16, 2013
Court answers lingering questions on medical expenses as damages
The decision is a game changer because it speaks to the inadmissibility of the billed amount where the treater has accepted a lesser amount in full payment. By Lawrence P. Riff and Jennifer Bonneville
"What are the meds?" This question is often the first step in a personal injury case evaluation, and for most of California's history this question was neither controversial nor challenging. Reasonably necessary medical expenses actually incurred and proximately caused by the defendant's tortious conduct are recoverable. This proposition is so well established that our seminal cases arise from fact pat...
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