Howell v Hamilton

How this changed personal injury cases.

The Facts:

Car Accident - Howell vs. HamiltonOne day, a women by the name of Rebecca Howell was in a serioustraffic accident with a truck owned by Hamilton Meats & Provisions, Inc. This collision caused her major injuries totalling $189,978.63 that the Hamilton company was liable to pay. However, Hamilton argued that due to Rebecca’s health insurance she only had to pay $130,286.90, and that the company should only be liable for that amount — and nothing more.
But that raised the question: Which amount was the company was liable for?

Verdict: The Court Sides with Hamilton.

The verdict favored Hamilton Meats & Provisions, Inc. This means that a plaintiff who DOESN’T have health insurance is actually better off than one who does. Moreover in future cases this will also be true for anyone paying health insurance who does get injured. The compensation given to an uninsured plaintiff will be more than an insured plaintiff receives.

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