Recently, since the Affordable Care Act has come into effect, Plaintiffs are using the exaggerated life care plan calculations to support medical damages if a catastrophic injury should take place and go to court. What this doesn’t do is consider the plaintiff’s entitlement to health insurance if future medical expenses are paid out of pocket.
To fight these, defendants are now relying on certain mandates under the ACA to persuade the courts to combat these inflated claims. Also, now individuals are required to have health insurance and insurance companies can’t deny someone coverage because of a preexisting condition.
Key Takeaways:
- Plaintiffs often use exaggerated life care plans with significant damage calculations to support their future medical damages in catastrophic injury cases.
- Texas, like many states, enforces the collateral source rule, which precludes any reduction in a tortfeasor’s liability because of benefits received by the plaintiff from someone else – a collateral source.
- The ACA potentially provides a basis to further limit a plaintiff’s recovery of future medical expenses, as mandatory insurance under the ACA will cover all costs except the amount of the plaintiff’s premium and annual maximum out-of-pocket cost.
Personal Injury Cases
Anyone who is hurt needs a personal injury lawyer on-side who focus on the victim getting better while they focus on improving life after the injury. Very few have a three-person legal team on every case who will take the time to get to know the client and their needs, like the one Boston Personal Injury law firm, in Boston.
“As a result of the ACA mandates, individuals are now required to maintain insurance and insurance companies are prohibited from excluding coverage based on a preexisting condition.” Personal injury cases are thereby made more complex, but these requirements are better known and understood.
For more information, read Using affordable care act defense for catastrophic personal injury cases.
Personal injury cases. Image by Claim Accident Services from Pixabay
