Banker Law Group, P.C.: Alaska Supreme Court Upholds Rights of Elderly, Disabled, Poor Tort Victims

ANCHORAGE, Ala., Aug. 14, 2019 /PRNewswire/ -- The Alaska Supreme Court overturned a ruling that would not allow anyone to discuss the actual cost of medical care at trial ? only the amount paid by insurance.

The appeal concerned an order barring the Petitioner, Lorena Weston, from presenting any evidence of the actual cost of her medical care as opposed to the reduced amount paid by Medicare.  The main issue on appeal was whether tort victims should be precluded from speaking about the total cost of medical care for their injuries when part of the bill has been reduced.

The issue on appeal reached broader questions of what amounts may constitute damages in other contexts, and what evidentiary rulings should be made regarding the difference between the amount billed, and the amount paid by an insurer or government program.  This important issue has been addressed in many other jurisdictions with variable results.  It was a question of first impression for the Alaska Supreme Court. 

The Casualty Insurance Association of America hired lawyers to make a special appearance (Pro Hac Vice) to submit their own arguments ? which were ultimately rejected by the Alaska Supreme Court. 

The Alaska Supreme Court agreed with Banker Law Group, P.C. and overturned the ruling of exclusion from the Superior Court in Weston v AKHappytime, LLC, d/b/a Alex Hotel & Suites. Now, anyone who had Medicare or Medicaid will be able to use the same evidence that anyone else would be able to present.

Banker Law Group, P.C. handles cases of auto accidents, aviation accidents, maritime law, wrongful death, and other plaintiff litigation. For more information about the firm, visit their website at https://www.bankerlaw.com/.

SOURCE Banker Law Group, P.C.