HANIF REDUCTION OF MEDICAL BILLS AT TRIAL-AVOIDING THE PITFALLS
By Mark G. Cunningham

            In almost all personal injury cases, a plaintiff will seek compensation for past medical expenses. Of course, as to that item of damage a plaintiff has the burden of proving the reasonable cost of reasonably necessary medical care that plaintiff received. See, CACI 3903(a) Often, the medical bills incurred by a plaintiff will be paid by a collateral source, such as Medi-Cal, Medi-Care or private health insurance.

DON’T GET TOO EXCITED ABOUT YOUR 998 OFFER
By Mark G. Cunningham

            The other day I was talking with a defense lawyer who had just finished a jury trial. He was proud to say that the verdict was considerably less than the statutory offer he had served on plaintiff about a year ago. When he added up his ordinary and expert costs he was excited at the prospect of wiping out the verdict and maybe even getting a judgment against the plaintiff. I hated to burst his bubble, but I told him not to get too excited. Just because a 998 offer is served does not mean a judge will automatically enforce it.