Maine 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 collateral source rule in a New York personal injury case means the plaintiff cannot receive compensation for items covered by other sources, such as health or disability insurance.

Arkansas' collateral source rule provides that a trial court must ?exclude evidence of payments received by an injured party from sources 'collateral' to ... the wrongdoer, such as private insurance or government benefits....? Bell v.

The collateral source rule is a law in state jurisdictions that prevents the reduction of damages awarded to a plaintiff for injury, illness, or disability by the amount already recovered from a third party such as an insurer.

In York v. Van Hall, 704 A. 2d 366 (Me. 1997), the Law Court adopted the common fund doctrine, which states that when a fund is created to which more than one party is entitled, each party must pay a share of the expenses incurred in creating that fund, including legal expenses.

Leitinger held that the collateral source rule prohibits parties in a personal injury action from introducing evidence of the amount actually paid by the injured person's health insurance company, a collateral source, for medical treatment rendered to prove the reasonable value of the medical treatment.

In general, the Maritime Collateral-Source Rule protects the amount of damages considered recoverable and prevents them from being reduced when the injured party has received compensation from another source other than the defendant.

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 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 ...

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Maine Plaintiff's Business Summary of Medical Expenses