A mediator must be aware of the law as it pertains to the introduction of evidence concerning medical bills and the health insurance discount. Sometimes a mediation will turn on the amount of these bills and whether plaintiff received collateral source payments.
A defendant may not introduce evidence of health insurance “discounts”. Plaintiff may introduce the full amount of medical bills, but an award of damages to plaintiff is subject to a post-judgment setoff. The collateral source rule prohibits introduction of evidence of payments received by plaintiff from private health insurance. The mediator must be sure that both sides are aware of these rules. If plaintiff is pro se and it appears that he/she is unaware of the law, the mediator should suggest that the litigant consult an attorney.
Pursuant to Fla. Stat. Sec. 90.956, medical bill summaries are admissible.
If you have any questions about these rules, or wish to retain an experienced personal injury mediator, call Stanley Weissman at 561 994 4540