The Battle Over Reasonable Value of Medical Services In Ohio Personal Injury Cases Continues
People who are injured in Ohio due to the negligence of someone else are sometimes surprised when they are met with resistance from the at-fault person's insurance carrier to pay for thier medical bills. No matter how clear cut the fault of the other person is and the injuries are that resulted, there is still resistance from the insurance company.
Part of what you must prove in a personal injury case to be compensated for your medical bills is that the amount of treatment was reasonable and medically necessary and the reasonable value of that treatment. Of course, the easiest and more common sense way to determine the reasonable value of the medical services is to look at the amount that your providers billed. However, two common arguments often used by insurance adjusters in personal injury cases are 1. that the amount of medical treatment recieved after an accident was not reasonable, or excessive (because we should all be smart enough to look to insurance adjusters for medical advise rather than doctors) and 2. that the amount that the doctor or facility billed for the medical services was not reasonable, or excessive.
In the last 5 years, the law governing the second aspect, or the reasonable value of medical treatment, has been the subject of much legal debate and change.
One way insurance companies try to undermine the value of medical treatment is by arguing that the injured person's health insurer paid the medical bills at a discounted rate, and that the discounted rate is therefore the reasonable value of the medical treatment.
Several recent Ohio Supreme Court decisions ruled that one statute in particular may not bar the admission of such evidence, therefore letting this argument be made to a jury in certain circumstances. This opened the flood gates to insurance companies' arguing in just about every case where there some sort of insurance involved that any reduced amount is what is reasonable.
However, there are many other laws and rules that insurance adjusters often fail to recognize which would apply to keep discounted values out of the equation (seemingly putting insurance adjuster's legal expertise on the same level as their medical expertise). This area of contention may seem trivial to some, however the impact it can have on the value of a person's personal injury case can be substantial. The area of law which governs this aspect is also complicated and ever evolving, therefore requiring even more the expertise of an experienced Ohio personal injury lawyer. If your medical bills cost $10,000 but medicaid paid $2,000, do you want a jury to base the settlement on $2,000 in medical bills.
For more information about this subject go to www.Chesterlaw.com and request a copy of my free Book entitled The Insider's Guide to Handling Ohio Accident Claims. You can also order my free DVD entitled What you should know about motor vehicle injury claims. Both the free Book and free DVD describe in more detail what you need to know to protect your rights NOW.
Call the experienced personal injury attorneys at Chester Law Group today to get the help you want from people you can trust (800) 218-4243