Personal Injury Claimants Must Be Allowed to Recover Their Full Medical Billings says Los Angeles Personal Injury and Accident Attorney Steven Peck

Written by Adam Peck Category: Injury Law January 16th, 2013 2 min read

The state’s legal community and insurance industry will be watching closely on Tuesday, May 24, 2011, when the California Supreme Court reviews Rebecca Howell v. Hamilton Meats & Provisions, Inc. (case S179115, Supreme Court of California), a precedent-setting case regarding accident victims’ compensation which legal experts say could significantly change how damages are awarded.

The case has been under intense scrutiny by both the insurance and legal communities since the Court of Appeals, Fourth Appellate District, reversed a long standing practice allowing personal injury plaintiffs to recover only the amount of medical bills paid by a private health insurance company – versus the total medical expenses charged.

In response to the controversial reversal – which ignited much debate when it was announced in November 2009 — attorneys filed a petition for review in December 2009. The State Supreme Court justices voted unanimously to hear that appeal.

The case involves a standard practice in which hospitals bill significantly more than they ever receive from health insurance companies says California Personal Injury and Accident Attorney Steven peck.

Recent appellate court decisions held that plaintiffs may recover not just what is actually paid by the insurance companies, but the full amount of the medical bills, which is typically significantly higher.

Peck Law Group Lawyer Steven Peck says that the issue of payment of medical services is a key component of virtually every personal injury case in this state. Not surprisingly, he says, the law has been in flux since 2009.

The appellate court’s ruling involved Rebecca Howell, a San Diego woman who was injured when a truck driven by an employee of Hamilton Meats made an illegal U-turn and hit her car in Encinitas, California. She subsequently underwent numerous surgeries, accruing medical bills totaling nearly $190,000. Her health insurance company settled with the hospital for payment of $59,691, which is standard in such cases.

The motion was later appealed and reversed by the appellate court, which found Howell was entitled to the entire $190,000, marking the first time such an appeal has been granted.

The California Supreme Court has 60 days from the May 24, 2011 hearing to render its decision.

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.