Which amount is used in lawsuit? The doctor's "billed amount" or the "contracted amount" (the amount paid by insurance)?

Asked about 1 year ago - Las Vegas, NV

In an injury lawsuit, when comtemplating the dollar value of a lawsuit, which amount do you use: the doctor's straight charge (e.g., 10,000 for surgery) or the doctor/insurance contracted amount (e.g., 5000)?

Attorney answers (5)

  1. Richard S. Johnson

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    Answered . It depends. Assuming it is NOT a medical practice case, the full amount of the bill is admissible at trial. Evidence of insurance payments or contracted rates are not allowed. However, there is a push by the insurance companies to only allow the amount actually paid to come in at trial.

    If you would like a free consultation, call me at 702-823-3333. www.naimidilbeck.com
  2. Jonathan Craig Reed

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    Answered . Richard Johnson has said it all.

  3. Stacy E Pepper

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    Answered . Generally the total amount, but in some type of cases there are excetions. As to any subrgation liens, usually the amount paid is what they want back, and sometimes will reduce the amount of their lien when you have an experienced personal injury attorney.

    Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in... more
  4. Daniel Nelson Deasy

    Contributor Level 20

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    Answered . Great question -- in Colorado, it's the billed charge that comes into evidence. Check with a Nevada personal injury attorney.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  5. Christian K. Lassen II

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    Contributor Level 20

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    Answered . For what kind of case?

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