Kentucky 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

Section 49.460 - Subrogation (1) No right of action at law against a person who has committed a criminal act for damages as a consequence of such act shall be lost as a consequence of receiving benefits under the provisions of KRS 49.270 to 49.490.

Kentucky caselaw states that the "collateral source rule provides that benefits received by an injured party for his injuries from a source wholly independent of, and collateral to, the tortfeasor will not be deducted from or diminish the damages otherwise recoverable from the tortfeasor?" Schwartz v. Hasty, 175 S.W.

Under the rule, collateral-source payments such as insurance payments, employment benefits, gratuities, and social-legislation benefits may not be used to mitigate damages a defendant owes. courts adopted the common law collateral-source rule long ago.

The Collateral Source Rule plays a crucial role in personal injury law in Tennessee. This rule dictates that in certain personal injury cases, the defendant cannot introduce evidence of payments or benefits the plaintiff received from a third-party for the plaintiff's damages.

For example, if a health insurance policyholder is injured in an accident and the insurer pays $20,000 to cover the medical bills, the insurer may sue to collect that $20,000 from the at-fault party or that party's insurer.

Collateral Source Rule and Exceptions At common law, Alabama recognized the collateral source rule and deemed evidence of a plaintiff's receipt of benefits from sources other than the defendant, such as medical insurance, to be inadmissible.

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 ...

A party is no longer permitted to board medical expenses that were not actually incurred or paid. If insurance was used for the care, any balance due is likely not appropriate to be included, as balance billing is generally not allowed to be presented.

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Kentucky Plaintiff's Business Summary of Medical Expenses