discussion

Robert Flow is a legal writer and content marketer who investigates leads and tracks down interesting stories.

Recently, since the Affordable Care Act has come into effect, Plaintiffs in are using the exaggerated life care plans calculations to support medical damages if a catastrophic injury should take place and go to court. What this doesn’t do is consider the plaintiffs 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.

“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.”

http://www.natlawreview.com/article/using-affordable-care-act-defense-catastrophic-personal-injury-cases