Representing California Clients for Over 30 Years
Recovering a Maximum Amount for Those Harmed in California for 30 Years
The Law Office of Kenneth C. Brooks is a legal practice with a focus on providing individualized services to its clients at a reasonable cost. Authorized to represent clients throughout California, the law office has zealously advocated on behalf of its clients before state and federal trial court’s, state and federal appellate courts, as well as the Supreme Court of California and the Supreme Court of the United States.Maximizing Recovery
The Civil Courts in the State of California are typically taking as long as four years to reach trial due to trial court unavailability. There are many factors that contribute to trial court unavailability. However, the impact of the slow trial process on your case cannot be overstated. Without the threat of a jury hearing your case the defendant, or rather the insurance company, who will pay on behalf of the defendant, has little or no incentive to pay on the case.Moreover, the state of California has created several impediments to minimize recovery for personal injuries, especially those who are not covered by private medical insurance. There are two types of personal injury damages: general and pecuniary. Pecuniary damages are out of pocket losses for which payments have been made as a result of medical treatment arising from the injuries you sustain (Medical Costs). Medical costs are usually that which dictates the amount of recovery for pain and suffering. The rule of thumb is that the total recoverable for a particular case is three to five times the Medical Costs. What must be understood, however, is that first and foremost attorneys representing clients with personal injuries are bill collectors with the responsibility to ensure that the Medical Costs are recovered by the insurance company that paid them. To put it bluntly, before you recover any money in an action, the Medical Costs are repaid. This is mandated by statutory law. That which remains will typically be determined to be compensation for pain and suffering. You and the attorney divide the pain and suffering damages when there exists a contingency fee arrangement.
The law of damages for Medical Costs is complicated and subject to much controversy. The California Supreme Court in 2017 laid down the rules that we now follow. “[A] plaintiff may recover as economic damages no more than the reasonable value of the medical services received and is not entitled to recover the reasonable value if his or her actual loss was less. California decisions have focused on ‘reasonable value’ in the context of limiting recovery to reasonable expenditures, not expanding recovery beyond the plaintiff’s actual loss or liability. To be recoverable, a medical expense must be both incurred and reasonable.” Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541, 555. The summary of the impact of this decision is that it matters not how much was billed for Medical Costs, because a jury may consider only the amount paid for the Medical Costs, as opposed to that amount billed. Thus, if your insurance provider is effective negotiating for reimburse for Medical Costs, it may very well be that the only a fraction of the Medical Costs billed are actually paid. Thus, a jury could only hear information concerning the amount paid. I have observed a MediCal patient being billed on $900.00 for a procedure that costs $20,000.00. Were a private insurance to pay the $20,000.00 that would be included in considering the pain and suffering; however, MediCal has very good bargaining position resulting in it paying only $900.00 for a $20,000.00 procedure. Thus, the difference in recovery for these two scenarios assuming a multiplier of three is, $2,700.00 for a MediCal insured party compared to $60,000.00 for a privately insured party. This law firm has developed several tactics to reduce the disparity in payments in these situations.
