Colorado Plaintiff's Business Summary of Medical Expenses

State:
Multi-State
Control #:
US-PI-0045
Format:
Word; 
Rich Text
Instant download

Description

This form offers as evidence a summary of the plaintiff's medical expenses in a person injury case.
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FAQ

The bill allows evidence of collateral sources unless the plaintiff agrees to have the jury's award reduced by the lesser of: The amount paid or available to the plaintiff from collateral sources; or. The amount of premiums or other contributions the plaintiff paid to those collateral sources.

The Court of Appeals has now officially expanded this ?contract exception? to the collateral source rule to include payments made by Medicare. The Court also affirmed prior case law placing similar payments from Medicaid and Social Security under this exception.

Colorado's new medical debt reporting law goes into effect as the major credit reporting agencies in April 2023 began removing medical debt at $500 or less from credit reports. Equifax said the change would remove nearly 70 percent of collection accounts from consumer credit reports.

The collateral source rule is a common law doctrine under which an injured party's damage award may not be reduced by payments, also intended to compensate the harm caused by the tortfeasor, received from third parties. Restatement (Second) of Torts § 920A cmt. b & d (1979).

The mechanics of this statute are that: (1) amounts paid to a plaintiff from a collateral source can and do reduce the amount of the verdict, and this reduction will be applied by the court following the jury verdict; (2) but in nearly all instances, evidence of payments from collateral sources will not be presented to ...

The collateral source rule, which dates from 1854, prohibits the admission in a civil lawsuit of evidence that the victim has already received compensation from a source other than the defendant.

"The collateral source rule provides, as a general proposition, that a party may recover full compensatory damages from a tortfeasor regardless of the payment of any amount by any independent party (a 'collateral source'), such as an insurance carrier." Bushong v. Park, 837 A.

The collateral source rule prevents the defendant from submitting evidence that your medical bills were covered by insurance. Likewise, the collateral source rule also prevents the defendant from trying to reduce the value of your claim because you received money from a third party.

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Colorado Plaintiff's Business Summary of Medical Expenses