Miner & Lemon Blog

Indiana Court of Appeals Helps Accident Victims in "Measure of Damages" Ruling

            Automobile insurance companies and lawyers who represent insured people in Indiana have long battled over what amount might be presented at trial as the medical expenses caused by a motor vehicle collision.    Plaintiff’s counsel (those who represent the injured person) has always advocated the position that the full amount of medical bills incurred was the relevant measure of the damages caused by the negligent driver.  Defense counsel (those who represent the drivers who caused the collision) has always maintained that the only amount presented at trial should be the amount paid not the amount billed.  They wanted the at-fault motorist to receive the benefit of any write-offs received by the injured person  that were negotiated by his own insurance company.  Obviously, this tactic could produce significantly lower recoveries by injured motorists by reducing the amount of the medical bills attributed to the injuries sustained in the accident. 

            Until recently Indiana law was unsettled in this area.  The Indiana Court of Appeals, Stanley vs. Walker, 888 N.E. 2d 222 (Ind.App. June 3, 2008),  recently made a finding that injured parties are allowed to present the full amount of medical expenses incurred as a measure of damages to a jury for verdict consideration.   

http://www.in.gov/judiciary/opinions/pdf/06030803cld.pdf