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California Personal Injury Compensation

California residents may soon see more compensation in personal injury cases due to a recent state Supreme Court ruling.

In exchange for high-volume business, insurance companies get an average of 60 percent discount for hospital costs, according to the Johns Hopkins Center for Hospital Finance and Management. In California, a personal injury defendant is only owed the discounted payment rate rather than the full cost of treatment.

In the precedent setting case Howell v. Hamilton Meats currently before the California Supreme Court. Judges determined that Rebecca Howell was eligible to reclaim her full hospital charges for her medical expenses incurred from a serious auto accident. The court ruling stated that the discount was “a direct result of Rebecca Howell’s own thrift and foresight in procuring private health insurance,” and Hamilton Meats “should not benefit from Howell’s providence.” Accident victims are entitled to the same financial compensation uninsured victims would receive.

The California Supreme Court is currently reviewing the case, with a final decision expected later this year. If the California Supreme Court upholds the lower court’s ruling, it will change the way personal injury cases are settled in the state, equalizing recoveries for those with the foresight to buy health insurance.