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04 May

What is Robinson V. Bates, and how does it affect me?

The plaintiff in any tort action always seeks the highest possible payment as a result of their injury.  Often though, the plaintiff does not receive highest possible payment possible and instead receives a much lower sum.  How this payment is calculated varies by state to state, but in the state of Ohio, the Ohio Supreme Court decision Robinson v. Bates plays a crucial role in this determination.

Robinson v. Bates changed decades of Ohio law and drastically changed what evidence a jury is allowed to see regarding the total cost of medical treatment in a personal injury case.  Before Robinson v. Bates, the only evidence about the cost of medical care that a jury was able to see was the amount charged by the medical providers.  Pre Robinson v. Bates, the jury was not allowed to see evidence of health insurance or Medicaid/Medicare payments and write offs.  Post Robinson v. Bates, juries can now see how much of a bill was accepted, and how much was written off.  This drastically changed how insurance companies evaluated personal injury claims and greatly reduced the amount that insurance companies would have to pay on injury claims.  Before, insurance companies would prepare to pay the bill in full, because that is what the jury would see and base their decision off of.  Now, insurance companies are only on the hook for the reduced payment amount that a jury will see.

Robinson v. Bates had a huge impact on the plaintiffs bringing their injury cases before the court.  Injured plaintiffs can no longer recover the gross amount of the medical expenses incurred, but only the amount that was actually paid.  Now, the injured party receives far less money than they might have received beforehand, and even sometimes has to reimburse the insurance company what the insurance company paid towards accident-related medical care.  Since Robinson v. Bates, insurance companies offer even less money to those who have been unfairly hurt by another person or business.

It is now more important than ever for those who have been hurt to hire an experienced and professional attorney to protect your rights and to help you get the maximum amount of compensation in your case.  Let the experienced attorneys at Tompkins, Selph, & Associates guide you in resolving your legal issues and help you get the best possible results in your case.

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