Are there specific rules which govern the breakdown of damages owed to plaintiff as far as how much insurance has covered and what the remaining bills are?
There is no specific rule, but rather a mix of statutory law and case law, as well as "common practice." If you are trying to determine the settlement value of your claim, or who is supposed to be paying what, consult with a personal injury attorney in your geographic area as the issues are actually rather complex. These consultations are usually free.
Generally, the defendant does not get any benefit if the Plaintiff has medical insurance. Thus, the benefit goes to Plaintiff. However, Plaintiff has to be careful because the medical insurance may have a right to recover the costs of the medicals paid. For example, if Plaintiff used his health insurance to pay for a $2500 medical bill and his co-pay is $150. He can recover the full $2500 from defendant. However, the medical insurance may have a lien on the amount of money they paid for the $2500 bill. So if the medical insurance paid $1,500 (since most have contracts with providers), then the medical insurance can try to recover the $1,500 from the Plaintiff's settlement. Regarding auto policy medpay, there is no right to subrogate in Nevada. The full benefit goes to the Plaintiff.
Legal compensation for personal injuries is comprised of “special” damages and “general” damages. Special damages include repayment of medical bills and lost wages, which is calculated based on the total amount of bills, and proof of lost wages.
General damages include past and future pain and suffering, past and future physical injuries, permanent disabilities, and scarring. Pain and suffering encompasses physical pain, as well as mental suffering and emotional anguish. It relates to how your physical injuries restrict your day-to-day activities and hobbies.
Calculating damages for pain and suffering, and any permanent disabilities and scarring, is left to a jury’s discretion on what it thinks is fair and just. The law does not impose a set formula. A jury’s determination is rarely overturned on appeal, although trial judges from time to time will reduce a verdict if they think it is excessively
Consult a NV attorney. This differs from state to state. In California, for example, there was a recent California Supreme Court decision which limits the recovery to the amount actually paid by health insurance (Howell v. Hamilton Meats) as the "reasonable value of the services." The plaintiff's bar is trying to get this ruling overturned through the legislature as most states have a "collateral source" rule which states that insurance payments cannot be considered.
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