Insurance in Personal Injury Trials

Evidence of Insurance in Personal Injury Trials | A jury must not consider whether any of the parties in a lawsuit have insurance. The presence or absence of insurance is totally irrelevant. A jury must decide a case based only on the law and the evidence | #KnowYourInjuryRights | (619) 550-3617.

  • Continue to read and learn more about Insurance in Personal Injury Trials.

About Ordaz Law, APC – A San Diego Personal Injury Attorney, and his Distinguished Case Results.

We have recovered millions on behalf of accident injury victims.

Insurance in Personal Injury Trials

Insurance in Personal Injury Trials | Evidence Code Sect. 1555

Evidence that a person was at the time of their accident insured wholly or partially against any loss arising from liability for the harm they caused is inadmissible to prove negligence or other wrongdoing against them.  Evidence Code sect. 1155.

Insurance in Personal Injury Trials | Relevancy

As a general rule, evidence that a party to a lawsuit has insurance is both irrelevant and prejudicial.  Neumann v. Bishop (1976) 59 Cal.App.3d 451, 469.

Evidence that is determined by the trial judge to be irrelevant and prejudicial is excluded from evidence at the time of trial.

  • The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury.  Evidence Code sect. 352.

Insurance in Personal Injury Trials | The Collateral Source Rule

Generally, evidence that an injured party was insured is not admissible under the collateral source rule.  Helfend v. Southern California Rapid Transit Dist. (1970) 2 Cal.3d 1, 16–18.

The Collateral Source Rule provides that any benefit received by an injured party from a source which is entirely independent of and collateral to the party who is responsible for the person’s injuries will not serve to reduce the damages otherwise recoverable from the wrongdoer.

Example Scenario 1:  Pat is rear-ended by Junior.  Junior rear-ended Pat because he was not paying attention to the stopped traffic in front of him.  Pat suffers injuries and is transported by ambulance to UCSD Medical Center. Pat’s medical bills total $43,000.00.  Pat’s health insurance pays these bills.  At the time of trial though, Pat may claim the $43,000.00 in medical expenses as part of the economic damages he sustained for being rear-ended by Junior.

Practice Pointer:  In this scenario (or most like it), Pat will not end up with a $43,000.00 windfall.  Pat’s medical insurance will either file a lien against him for any recovery of the medical bills claimed by Pat but which it paid, or make claim for reimbursement against him pursuant to their medical insurance contract.  Hence, my office would negotiate a reduction of the $43k so that Pat would recover some of the medical expense because of all the pain, suffering, time and anxiety he went through in order to recover for his injuries – which otherwise would not have been recovered at all.

Insurance in Personal Injury Trials

Ordaz Law, APC | Insurance in Personal Injury Trials

Have you or a love one been a victim of a personal injury?  Do you feel like you are entitled to injury compensation for the pain and suffering you have suffered?  If your answer to both questions is yes, then it is time that you seek legal representation from a premier San Diego personal injury lawyer.  Based in central San Diego County, Juan J. Ordaz Jr. and his law office, Ordaz Law, APC, is always ready to help any individual and their families suffering from an injury producing incident that should never have happened in the first place. Read More

Free Consultations | No Recovery, No Fee

We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate lossesCall (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego personal injury lawyer.

We are for Justice no Matter Who it’s for or Against.

Learn More:

What is the Statute of Limitations for a Personal Injury Action?

What Should You Expect from Your Personal Injury Attorney?

What Should You Expect from Your Injury Lawsuit?

Will My Personal Injury Case Go To Trial or Be Settled?

Blog: Personal Injury

Blog: San Diego Personal Injury

Sources and Useful Links:

CACI – 105. Insurance

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Survival Actions in California Personal Injury

Survival Actions and the Continuation of a Personal Injury Lawsuit | A pending personal injury lawsuit does not stop because of the death of the injury victim (the plaintiff) due to non-related accident injuries. See Cal. Code of Civil Procedure sect. 377.21 | #KnowYourInjuryRights | (619) 550-3617.

  • Continue to read and learn more about survival actions in California injury lawsuits.

About Ordaz Law, APC – A San Diego Personal Injury Attorney, and his Distinguished Case Results.

We have recovered millions on behalf of accident injury victims.

Survival Actions and the Continuation of a Personal Injury LawsuitSurvival Actions | Personal Injury

A person’s cause of action is not lost by reason of that person’s death, but survives subject to the applicable limitations period.  Cal. Code of Civil Procedure (CCP) sect. 377.20.  On motion, the court shall allow a pending injury lawsuit that does not abate to be continued by the decedent’s personal representative (if one appointed by the decedent prior to their death) or a successor(s) in interest if no representative was appointed.  CCP sect. 377.31.

Survival Actions | Successor In Interest

The decedent’s successor in interest is the beneficiary of the decedent’s estate or other successor in interest who succeeds to a cause of action. CCP sect. 377.11.

Who May Be a Successor In Interest?

Any cause of action of a decedent not effectively disposed of by will passes to the decedent’s heirs.

To the Surviving Parents:  The entire cause of action if the decedent was not married and did not leave any surviving children.

To the Surviving Spouse:  The entire cause of action if the decedent did not leave any surviving children.

To the Surviving Children:  The entire cause of action if the decedent did not leave any surviving parents or spouse.

See Cal. Probate Code sect. 6401 for shares of intestate succession when there is a surviving spouse, child and or parent.

Survival Actions | Limited Damages

In an action by a decedent’s successor in interest on the decedent’s cause of action, the damages recoverable are limited to the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive damages that the decedent would have been entitled to recover, but do not include damages for pain, suffering or disfigurement. CCP sect. 377.34.

Example Scenario 1:  Adrian Delfino was hit by a car in a crosswalk. He suffered non-fatal personal injuries and incurred lost wages along with medical bills. Unable to resolve this issue before litigation, he filed a lawsuit. Unbeknownst to all, Mr. Delfino became ill and passed away from natural causes. He left no surviving spouse (since he was divorced) but did leave 2 surviving adult children. Here, my office would motion to court to have Mr. Delfino’s surviving children be named as successors in interest so that they may recover the last wages and medical bills incurred by Mr. Delfino during his lifetime.

Survival Actions

Ordaz Law, APC | Survival Actions

Have you or a love one been a victim of a personal injury?  Do you feel like you are entitled to injury compensation for the pain and suffering you have suffered?  If your answer to both questions is yes, then it is time that you seek legal representation from a premier San Diego personal injury lawyer.  Based in central San Diego County, Juan J. Ordaz Jr. and his law office, Ordaz Law, APC, is always ready to help any individual and their families suffering from an injury producing incident that should never have happened in the first place. Read More

Free Consultations | No Recovery, No Fee

We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate lossesCall (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego personal injury lawyer.

We are for Justice no Matter Who it’s for or Against.

Learn More:

What is the Statute of Limitations for a Personal Injury Action?

What Should You Expect from Your Personal Injury Attorney?

What Should You Expect from Your Injury Lawsuit?

Will My Personal Injury Case Go To Trial or Be Settled?

Blog: Personal Injury

Blog: San Diego Personal Injury

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