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Affordable Care Act & Howell v. Hamilton: Boon Year For Insurance Industry

Health insurance has been on everyone’s minds over the last few months. After Monday’s open enrollment deadline for the Affordable Care Act, things have become immensely more complicated for those involved in personal injury claims.

When you combine the Affordable Care Act with last year’s California Supreme Court decision of Howell v. Hamilton, insurance companies are set to have wonderfully profitable years at the expense individuals with personal injury claims.

Before the Howell v. Hamilton decision, medical bills of any amount were admissible in personal injury cases. After Howell, only medical bills that were paid by the insurance company are admissible. Because jurors anchor pain and suffering awards on the amount of the medical bills, the result will be lower pain and suffering awards if not conducted correctly.

Uninsured individuals are exempt from this ruling but now with the Affordable Care Act, fewer and fewer individuals in California are uninsured. These changes combine to a multi-billion dollar boon to the insurance industry.

If you or someone you care about was recently injured due to someone elses’ incompetence, it is important to discuss the details of your accident with a knowledgeable Orange County personal injury lawyer. You will need to understand what your rights and legal options to seek compensation are and a legal representative can give you the answers and advice you need.

At Cohn & Swartzon, P.C., our competent legal team is prepared to relentlessly represent in and out of the courtroom. These types of cases can be complex and require that your lawyer be an extensively experienced negotiator and litigator with a proven ability to win. We possess these attributes and can provide you with the high level of advocacy and guidance you need in your case. Our focus and top priority in each and every case we take on is to produce the best result possible and we are unyielding when it comes to pursuing this goal.

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