WTVM Legal Break – State of Medical Care

Injury & Accident Attorney Serving Nearby Areas of Columbus & Fort Benning, Georgia and Phenix City, Alabama

Gary Bruce discusses the state of medical care from a lawyer’s perspective. People are often confused about who pays what in the context of a jury verdict. One question that arises is whether a jury should award damages to a plaintiff if that person had health insurance that has already paid their bills.

The rule in Georgia is that the responsible party is not entitled to take advantage of the fact the injured party paid premiums and purchased health insurance. The judge in a case will instruct the jury on what they are to consider in rewarding damages, and it does not include insurance coverage. The judge later deals with insurance coverage after the trial to make sure health insurance is reimbursed under the law applicable to the contract. This is just not something the jury needs to worry about in deciding a fair award of damages under the law. This rule is called the Collateral Source Rule, which prohibits the presentation of insurance coverage as evidence of liability or damages.

If you have questions about a car wreck, coordination of insurance or how to deal with claims for reimbursement by your health insurance carrier, feel free to email our office lawyer@garybrucelaw.net or call 706-596-1446 to set up a meeting or discuss the matter by phone. There is no fee for our initial consultation and most fees are charged on a contingency basis, in other words, if we win your case.

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