A new bill making it through the Senate bill seeks to ensure that people
injured due to the fault of third parties obtain the compensation they
are entitled to.
Senate Bill 1528, introduced in February and now in discussions before the Judiciary Committee
provides that it is the intent of the legislature to establish a framework
for determining the amount injured parties should recover, including potentially
allowing injured parties to recover the entire cost of his or her medical
bills, rather than what was negotiated as a final payment by an insurance company.
The bill is aimed at clarifying the recovery process for tort victims.
Opponents claim that the bill "unfairly" seeks to modify last
year's decision in
Howell v. Hamilton Meats that limits an injured person's recovery to only that amount actually
paid by an insurance company, not the "full amount" of a medical bill. In
Howell, a woman was in a
car accident with a driver from Hamilton Meats & Provisions.
Supporters counter that the
Howell decision "created even more confusion" and "left more open
questions than answered questions." The senate bill is intended to
provide clarity for all stakeholders involved.
Hopefully, this bill will get the support it needs to end the confusion
and controversy concerning the recovery of compensation for medical expenses
as well as other damages incurred in personal injury lawsuits in the wake of
For more information about personal injury lawsuits, or if you or a loved
one has suffered serious personal injuries in a San Francisco accident,
contact the top San Francisco personal injury lawyers at Bostwick &
Peterson, LLP for an immediate consultation.