Montana 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.

SUMMARY AS INTRODUCED: Statute of limitations to collect medical debt. Provides that the statute of limitations for an action on any contract, written or unwritten, to collect medical debt, including actions brought by the Commonwealth, is three years.

Q: Is there a time limit to submit a medical bill? A: Yes. There are different time requirements for submitting a bill (12 months, 180 days, or 30 days) depending on the type of service and other factors as set forth in the California Labor Code.

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.

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 Montana Supreme Court ruling in Ridley led to Montana enacting an advance payment rule. This rule, unique to Montana, requires insurers to compensate anyone injured by their insured for any injuries in which liability is reasonably clear before settlement and regardless of comparative fault.

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 ...

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.

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Montana Plaintiff's Business Summary of Medical Expenses