When you?re injured in a personal injury accident the law provides that you can collect, among other damages, the reasonable value of past medical services.
But the legal battle over exactly what the means has been protracted and at times lacking any sense of justice or reason ? see our analysis on the California Supreme Court?s decision in Howell and other posts on the Hanif/Nishihama debate.
And after the Howell decision, I?m sure many folks thought this was as a done deal, so to speak. Well, it?s not.
California Senate Bill 1528, introduced in April, puts reason and fairness back into the calculation of damages. This bill provides that the measure of past medical damages in a personal injury action shall be the reasonable value of medical services rendered regardless of what was paid or not paid by any collateral benefit of the injured party. And it protects liens that any health care provider or health insurer may have in the case.
The defense should not be allowed a windfall due to the prudence of a well insured injury victim; SB 1528 addresses this aspect and many others of the devastating decision in Howell.
If you would like to read more about SB 1528 or trial lawyers? attempts to seek justice for consumers and injury victims here in California, see Consumer Attorneys of California?s website. And call your state representative and senator and let them know that you support SB 1528.
Howell can be read at Howell v. Hamilton Meats & Provisions (2011) 52 Cal. 4th 541.
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