Howell v. Hamilton Meats & Provisions Inc. – Full Opinion

(1) Was Hanif correct that a tort plaintiff can recover only what has been paid or incurred for medical care, even if that is less than the reasonable value of the services rendered? (2) Even if Hanif, which involved Medi-Cal payments, reached the right result on its facts, does its logic extend to plaintiffs covered by private insurance? (3) Does limiting the plaintiff’s recovery to the amounts paid and owed on his or her behalf confer a windfall on the tortfeasor, defeating the policy goals of the collateral source rule? (4) Is the difference between the providers’ full billings and the amounts they have agreed to accept from a patient’s insurer as full payment—what the appellate court below called the “negotiated rate differential”—a benefit the patient receives from his or her health insurance policy subject to the collateral source rule? We address these questions below.

Federal Government Shut Down Looming

Federal Government Shut Down Looming The Federal Government is on the verge of shutting down unless congress can agree on a budget. How will this affect lawyers who practice in Federal Court?  The United States Court Website has put out the following web page entitled “What Happens to Courts if the Federal Government Closes?” If […]

Whiplash Injuries – Medical Terminology

New Resource: Whiplash Injuries – Medical Terminology Individuals who suffer whiplash injuries are often confronted with loads of new medical terms.  I have put together a page with some common medical terms and definitions associated with whiplash injuries. Check it out here.

Happy Birthday, George Washington!

In honor of George Washington’s birthday, I have added a new page listing all of the court holidays for Sacramento Superior Court in 2011. What an honor! Sacramento Superior Court Holidays for 2011.

California 2010 Election Results and Proposition Results

Not all districts have completed reporting, but as of this post, here are the election results and proposition results for California’s November 2, 2010 election: Election Results Governor:  Jerry Brown (D) 53.8% ||  Meg Whitman (R) (41.2%) Lieutenant Governor: Gavin Newsom (D) 50.2% ||  Abdel Maldonado (R) 39.4% Attorney General:  Kamala D. Harris (D) 46.1% […]

California Motorcycle Law: Splitting Lanes

What is Lane Splitting? “Lane splitting” is a maneuver that motorcycles can perform where they drive forward in the space between two other vehicles.  Lane splitting is usually done in traffic.  While cars are stopped for traffic, the motorcycle continues to move forward between the stopped cars. Is Lane Splitting Legal in California? In many […]

Motorcycle Accidents

Motorcycle Accidents As a personal injury lawyer, one of the areas of law that I practice is motorcycle accident law. This page gives an overview of some of the legal issues that individuals injured in motorcycle accidents may encounter. Who is At Fault in Motor Cycle Accidents? Motorcycle accident law follows essentially the same rules […]

Video: A World Without Lawyers

Video: A World Without Lawyer Please take a look at the following video prepared by the Consumer Attorneys of California (CAOC).    The CAOC, of which I am a proud member, is an organization of more than 3,000 attorneys who represent consumers and help them seek responsibility from wrongdoers. CAOC works to dispel urban myths about […]

Yanez v. Soma – A New Case About Recovering Medical Bills

The Court of Appeals for the first appellate district in California recently published a new case that will be of interest to Personal Injury Attorneys in Sacramento: Yanez v. Soma Environmental Engineering, Inc. Citation for Yanez v. Soma: (2010) 185 Cal.App.4th 1313 (Download a PDF of Yanez v. Soma) Click HERE to skip to the […]

How Much Is My Personal Injury Lawsuit Worth?

As a personal injury lawyer in Sacramento, one of the first questions my clients always ask me is “How much is my personal injury case worth?”  And the answer is always the same – it depends!  Every case has its own facts, so while it’s impossible to say what any given case is worth, the […]

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