This form offers as evidence a summary of the plaintiff's medical expenses in a person injury case.
Delaware Plaintiff's Business Summary of Medical Expenses
State:
Multi-State
Control #:
US-PI-0045
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Plaintiff's Business Summary Of Medical Expenses?
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FAQ
The collateral source rule is a doctrine requiring that ?if an injured party receives some compensation for his injuries from a source wholly independent of the tortfeasor, such payment should not be deducted from the damages which the plaintiff would otherwise collect from the tortfeasor.? (Helfend v. Southern Cal.
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.
The collateral source rule is another aspect of Delaware law that is favorable to plaintiffs. Under this rule, an injured party can plead the full value of medical bills, not just what was actually paid by a private health insurance company.
There are a few exceptions to the collateral source rule. They usually involve medical malpractice claims and/or cases that involve unpaid medical bills. Your personal injury lawyer can provide more explanation about these fine points of the law.
A party is no longer permitted to board medical expenses that were not actually incurred or paid. If insurance was used for the care, any balance due is likely not appropriate to be included, as balance billing is generally not allowed to be presented.
? The affidavit or affidavits of merit shall set forth the expert's opinion that there are reasonable grounds to believe that the applicable standard of care was breached by the named defendant or defendants and that the breach was a proximate cause of injury or injuries claimed in the complaint.
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 ...