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Personal Injury & Torts

May 24, 2011

State Supreme Court to Answer Key Damages Question

What is the proper measure of medical damages - the amount billed, or the amount paid? By Don Willenburg and John F. Hughes of Gordon & Rees LLP


Does being "fully compensated" for a loss mean getting paid more than you lost? Should tortfeasors reap a benefit if their victims have insurance, or if their insurers can negotiate lower medical rates for policyholders? Should juries be allowed to see medical bills that were never pursued or paid? Should courts be allowed to reduce jury awards by disregarding those same bills? The state Supreme Court is likely to address these questions at oral argument tomorrow...

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