Tag Archives: hospital

Recovering Medical Expenses for Personal Injuries or Wrongful Death and the Collateral Source Statute – Your Indianapolis, Indiana Auto, Motorcycle and Trucking Accident Lawyer

Indiana’s Collateral Source Statute bars over-recovery for medical billsCall Charlie Ward at 317-639-9501

Under Indiana law, the driver who is at fault for the injuries of another has a duty to pay for the injured party’s “reasonable” and “necessary” medical bills. But what is considered “reasonable and necessary?”

One method of proving reasonability is by introducing into evidence, the statement of charges for injuries received as a result of the accident from the health care provider. Indiana Evidence Rule 413 provides that such statements are admissible as evidence and “shall constitute prima facie evidence that the charges are reasonable.”

Indiana’s Collateral Source Statute prevents the Plaintiff from over-recovery—or recovering more than once—for a monetary loss sustained from personal injury or wrongful death.

IC 34-44-1 provides for allowing into evidence the following:

  • Proof of collateral source payments (i.e. medical payments made by health insurance providers or workers compensation for the benefit of the plaintiff)
  • Proof of the amount of money that the plaintiff is required to repay
  • Proof of the cost to the plaintiff or to members of the plaintiff’s family of collateral benefits received by the plaintiff or the plaintiff’s family

Exceptions to the collateral source rule include: life insurance or other death benefits, insurance benefits or premiums plaintiff or plaintiff’s family have paid for directly, or payments made by any agency, instrumentality, or subdivision of the state or the United States, i.e. defendant may not lessen their financial obligation for damages by introducing into evidence Plaintiff’s medical billing discounts or discounts provided to plaintiff as a benefit to the insured by the contract established between their health insurance carrier and their health provider. Americanbar.org states the following:

Indiana retains the common law principle that collateral source payments should not reduce a damage award if the payment resulted from the plaintiff’s own forethought, such as insurance purchased by the plaintiff or government benefits that the plaintiff has paid for through taxes.

Ward & Ward is a plaintiff’s law firm experienced in protecting the interests of personal injury victims and wrongful death claims. If you have been injured in an automobile, motorcycle, bicycle or trucking accident, I urge you to call me at 317-639-9501 for a free consultation at your earliest convenience.

Charlie Ward

[email protected]

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
(317) 639-9501

Whiplash Injury Causing Embolism Leads to Death

Embolism from a Whiplash Injury May Cause Death

Hollywood and portrayal of the injured victim

Most diagnosed whiplash injuries result from rear-end car collisions. Hollywood often portrays the whiplash victim as the neurotic personality or the gold-digging opportunist who is represented by the fast-talking, amoral courthouse lawyer. And we all laugh at Hollywood’s depiction—yes, even attorneys have a sense of humor about their profession. But the truth is that some whiplash injuries may go undetected for a period of time after an impact and in the worst case scenario, may result in embolism or even death.

The reality of whiplash is not so funny

Reports have documented deaths up to 8 days after a serious whiplash injury. But one case published in 1995 by the American Heart Association examined the death of a man which happened nearly 2 months after he was injured in a rear-end collision.[stroke.ahajournals.org]

The 50 year-old taxi driver and victim of a rear-end collision complained of headaches and experienced incidents of visual instabilities. Approximately 2 months after the accident, he was found unconscious in his cab and was admitted to the hospital. The initial CT scan was normal but another scan performed a couple of days later revealed abnormalities. On the third day he passed away. An autopsy showed that whiplash was responsible for a lesion to his right vertebral artery which quickly led to an embolism at the base of his skull.

The mechanics of a whiplash injury.

A forward flexion of the neck followed by an immediate swing backward describes what doctors and lawyers call whiplash. Whiplash injuries resulting from rear-end auto accidents can cause injuries to the cervical spine producing severe headaches and a stiff neck. If you or a family member has been rear-ended by another vehicle, no matter how minor the accident seems at the time, you should be followed up by a physician as soon as possible. And because an accident attorney knows that some injuries can bear a delayed manifestation, it is wise to seek legal advice.

Experienced injury lawyers understand the seriousness of whiplash injuries

Whiplash injuries are more serious than many acknowledge. Attorney, Charlie Ward, is experienced in personal injury accidents involving whiplash and would be happy to consult with you about your auto, motorcycle or trucking accident. Call him at 317-639-9501 today for a free consultation.

Charlie Ward

[email protected]

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501