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Personal Injury & Torts

Aug. 24, 2011

Both sides of the coin: Now that medical damages are limited, what’s next?

How the recent limitation of medical damages will impact the defense and plaintiffs' bar. By Don Willenburg and John F. Hughes of Gordon & Rees LLP


By Don Willenburg and John F. Hughes


In a ruling dramatically affecting the value of many personal injury cases, the state Supreme Court last week limited defendants' liability for medical damages. In Howell v. Hamilton Meats & Provisions, the Court ruled "that an injured plaintiff whose medical expenses are paid through private insurance may recover as economic damages no more than the amounts paid by the plaintiff or his or her insurer for t...

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