Here is some California case law on the subject:
Greer v. Buzgheia, 141 Cal.App.4th 1150 (2006) A Hanif/Nishihama argument should be made post-trial so that the jury can assess the full measure of damages. Failure of the defense attorney bringing the motion to segregate past medical specials from past lost income in the special verdict form operates as a forfeiture of the right to bring such a motion if it would require the court to speculate as to the amount of medical expenses awarded by the jury.
Mark C. Blane is a San Diego Auto Accident Attorney, and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Personal Injury Law Firm devoted to representing families of injured persons of automobile accidents. If you or someone you love, has been injured or killed in San Diego County, or Southern California, due to the negligence of another, please order your FREE copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information, insights, and secrets that will help you protect your legal rights. It normally sells for $16.95; however, it is free to all California residents, or those injured in a California accident.