CALIFORNIA HEALTH LIEN SUBROGATION | POST TRIAL MOTIONS: Can a defense lawyer put on evidence of what my health insurance paid out for my medical bills after a jury verdict in my favor , in an attempt to reduce the jury verdict on my California bodily injury case??? (Also known as a "Hanif/Nishihama" argument)

Believe it or not, but yes a defense lawyer can motion the court to do so!  It is called a "post trial motion" but I believe it to be a motion not based on law.  However, for purposes of my answer, just know it can be done and is being done across California.

First of all, this has been established in California after the insurance industry "brainwashed" the California judges to believe this was okay and proper to do.  It was done a few years ago after a bunch of California judges were invited to Hawaii for some educational training seminars and one part of the seminar talked about doing post trial motions on the medical bills. In my opinion, there is no justification legally for "a post trial motion" asking a judge "post verdict" what the reasonable value of the medicals should be - this should be a jury question and not a post trial motion. This violates the California collateral source rule, and the California privacy act, not to mention other legal principles. Again, this is a defense maneuver to lower the jury's award on a personal injury case.  

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.

 

 

 

More Legal Questions About San Diego California Injury Accident Cases?

Do you have more legal questions about San Diego California Injuries & Accident Cases?  Return to our Frequently Asked Legal Questions  page. 
 

The Law Offices of Mark C. Blane, APC

525 B Street, 15th Floor

San Diego, CA 92101

Toll Free:  (888) 845-6269

Direct:  (619) 813-7955
The San Diego California Injury Accident Law Firm that offers FREE Legal Help Books to anyone BEFORE they speak to a Lawyer, Claims Adjuster, or have to sign any Legal Forms; also we represent clients across Southern California including the following areas: