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

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)?

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Attorney answers 5

Best Answer

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.

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For what kind of case?



It's for a personal injury (auto).


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 the law firm of Pepper & Odom, P.C. Nothing posted here constitutes any attorney client relationship and is meant for educational purposes only. Office hours are 8:00 a.m till 5:00 p.m. Monday through Friday. Phone: 601-914-9219 Facsimile: 888-456-2160


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. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


Richard Johnson has said it all.

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