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Damages Medical Expenses

Maison Law

Comprehensive Guide for Motorcycle Accident Victims in California

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According to an April 2024 report published by the Journal of Consumer Research, California was the second-deadliest state in terms of fatal road traffic accidents involving motorcycles. The Golden State is known for its...more

Miles Mediation & Arbitration

Significant Changes Under Georgia’s New Tort Reform Legislation

You likely are aware that Governor Brian Kemp signed Georgia’s tort reform legislation (SB 68) on April 21, 2025, which made a number of changes to Georgia law. This article summarizes some of the major changes under that...more

Tyson & Mendes LLP

Calculating Past Medicals in California

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The Third District Court of Appeal in California recently addressed the standard in proving the reasonableness of charges for past medical services within the context of the Hospital Lien Act’s definition of emergency and...more

King & Spalding

Georgia Senate Passes Tort Reform Bill

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On March 21, 2025, the Georgia Senate passed S.B. 68, which contains numerous provisions affecting civil lawsuits in Georgia. The provisions include limits on the amounts plaintiffs can recover for medical expenses,...more

Snell & Wilmer

Redefining the Rules: How Audish v. Macias Reshaped Future Medical Expense Claims in California Personal Injury Cases

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In Audish v. Macias (2024) 102 Cal.App.5th 740, the California Court of Appeal decided a key issue concerning the admissibility of a plaintiff’s future Medicare eligibility in calculating damages for future medical expense...more

Marshall Dennehey

Florida Tort Reform: The Impact of House Bill 837 on Health Care Litigation

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On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837 into law. Also known as the “Civil Remedies” or “Tort Reform” law, HB 837 has changed civil litigation in Florida, including providing a uniform standard...more

Rumberger | Kirk

Additur for Future Pain and Suffering Damages

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When a jury’s verdict is unreasonably low, the presiding judge may increase it by awarding an additur pursuant to Florida Rule of Civil Procedure 1.530 and Section 768.74, Florida Statutes. However, as to damages for future...more

Chartwell Law

New York Governor Vetoes Grieving Families Act

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On December 29, 2023, New York Governor Kathy Hochul vetoed, for a second time, the Grieving Families Act (the Act), a proposed amendment to New York’s wrongful death statute; that statute remains unchanged....more

Rivkin Radler LLP

A Sleeping Giant: New York’s Grieving Families Act

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The pen is mightier than the sword — especially a pen held by a sitting governor. Currently sitting on the desk of New York’s governor is a piece of proposed legislation known as the “Grieving Families Act” which, if signed...more

Searcy Denney Scarola Barnhart & Shipley

The Different Types of Injuries Resulting from Car Accidents in Florida

Car accidents occur in varying degrees of severity. This is one of the reasons why there are many types of injuries that can stem from a wreck. Understanding the types of injuries that can occur, as well as how a victim’s...more

Searcy Denney Scarola Barnhart & Shipley

Calculating Damages in a Florida Motorcycle Accident Case

Motorcycle accidents can result in injuries that are more severe than those which stem from car wrecks. This is due to the fact that a rider is no match for an oncoming car. Such incidents may result in paralysis, head...more

Proskauer - Employee Benefits & Executive...

Sixth Circuit Highlights Importance of the Plan Document

A recent decision by the U.S. Court of Appeals for the Sixth Circuit (Patterson v. United HealthCare Ins. Co., No. 22-3167, 2023 WL 4882436 (6th Cir. Aug. 1, 2023)) illustrates the importance of clearly describing key plan...more

Searcy Denney Scarola Barnhart & Shipley

The Different Types of Damages You May Be Entitled to in a Product Liability Case in Florida

Defective products can lead to serious injuries. As in any other catastrophic injury case, the damages which the victim suffers from such an event can be substantial. The types of damages to which you may be entitled can be...more

Rumberger | Kirk

Florida Tort Reform Now Law: Effective Upon Governor's Signature

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Governor Ron DeSantis signed HB 837 into law this morning after the Florida Legislature passed sweeping tort reform intended to bring long-overdue balance and transparency to tort litigation....more

Morris James LLP

What Should You Do if You are Injured by a Dog Bite in Delaware?

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Dogs are a huge part of American society. According to the 2021-2022 APPA National Pet Owners Survey, 69 million U.S. households have a dog as a pet, and the Insurance Research Council reported that 21% of American families...more

Rumberger | Kirk

A Quick Note about Pain and Suffering Disclosures in Federal Court

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In federal court, personal injury plaintiffs are required to disclose a computation of each category of damages. Fed.R.Civ.P. 26(a)(1)(A)(iii). Past medical expenses and past lost wages are easy. But for pain and...more

Dentons

Iowa Legislature Addresses "Phantom Damages" in New Bill

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Governor Reynolds signed a bill this week altering and clarifying the amount of damages a claimant may recover for medical expenses in a personal injury lawsuit. This new law remedies confusion that had arisen over time...more

Rumberger | Kirk

Truth in Damages

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Florida's Growing Effort to Curb Frivolous Lawsuits and Excess Judgments - According to the U.S. Chamber of Commerce Institute for Legal Reform, Florida’s tort liability system ranks 46th out of 50 while the American Tort...more

Michigan Auto Law

No-Fault: How do doctors get paid by insurance companies?

Michigan Auto Law on

For years, doctors’ and hospitals’ medical bills have been slashed by No-Fault insurers using the insurers’ own de facto medical-provider fee schedules - How do doctors get paid by insurance companies under Michigan...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Clever Trial Tactic Meets Resistance at the South Carolina Court of Appeals

In a matter of first impression, the South Carolina Court of Appeals recently put the brakes on a successful trial strategy increasingly employed by the plaintiff’s bar. In the case of Gary Nestler and Julie Nestler v. Joseph...more

Michigan Auto Law

Bills to replace Michigan No Fault with pure tort liability insurance system introduced

Michigan Auto Law on

Here is what a pure tort liability system will mean for car accident victims and drivers in Michigan - Yesterday House Republicans introduced legislation to repeal Michigan’s 45-year-old No Fault auto insurance law and...more

Bradley Arant Boult Cummings LLP

Tennessee Supreme Court Rejects Efforts to Alter Existing Law on the Collateral Source Rule in Personal Injury Cases

Last month the Tennessee Supreme Court, in Dedmon v. Steelman, affirmed the long-standing collateral source rule in personal injury cases. As long as an injured plaintiff can establish that the medical expenses they incurred...more

Butler Snow LLP

Dedmon Decided: The Destiny of “Reasonable” Medical Expenses In Tennessee Revealed

Butler Snow LLP on

In a stunning reversal of what appeared to be the trend towards discounted medical damages in personal-injury cases, the Tennessee Supreme Court ruled on Friday, November 17, 2017, that the Collateral Source Rule reigns...more

Michigan Auto Law

Detroit News gets facts wrong on No-Fault car insurance reform

Michigan Auto Law on

Detroit News editorial on reforming No-Fault law makes up facts, avoids reality of how No-Fault system works - The Detroit News at least got the title of its Tuesday editorial correct when it said, “Make auto insurance...more

Ward and Smith, P.A.

Personal Injury Claims in North Carolina

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It's an unfortunate fact, but every day individuals are injured across our state in all sorts of different ways. When an accident happens, victims or their families often wonder what their rights are: Is someone legally...more

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