collateral source rule upheld for trucker injured at a truck stop

Louisiana Attorney Navigates Collateral Source Attacks to Get His Client Justice

Kyle Kinberger, HMR Funding

I recently caught up with Josh Lewis, of Lewis & Lewis in Lafayette, Louisiana. He has been practicing law for about 9 years, concentrating more than 90% of his time on personal injury work. He’s licensed in Louisiana which is based on a system of French law and is also licensed in Missouri, Mississippi & Texas which is based on English common law.

Josh recently handled a personal injury case where the collateral source rule was challenged. He said his client, a truck driver “was sitting in his truck at a truck stop doing paperwork for the night when another truck came around the corner and hit his truck. He sustained neck injuries that required surgery, but workers comp continually denied treatment. I tried to get the surgery done with my client’s own insurance, but they denied it as well because it was a workers comp case.”

Josh said his client badly needed to have the surgery done and it was really frustrating because “workers comp kept denying everything and it just got to the point where I had a conversation with my client about do you want to wait 6 months or more for your surgery or do you want to use medical factoring and get your treatment now?” His client decided to have the surgery and went forward with providing information to HMR Funding about his case. “HMR funded his neck surgery and the follow-up treatments like injections and everything that occurred after the surgery.”

Josh said the defense fought him on the collateral source rule. “They argued like crazy about the bills . . . the judge said there was absolutely nothing improper about the agreements and based on the current state of the law in Louisiana, the arrangements were proper. I filed a motion in limine to keep the amount HMR paid out and the judge issued a several page ruling siding with me on every issue and made a finding that the amount that HMR paid was irrelevant and the plaintiff was entitled to put in front of the jury the full amount of bills.” Josh was able to secure a substantial settlement from the driver of the 18 wheeler and his employer.

He further reflected “if HMR hadn’t made funding available the best-case scenario would have been to wait 6 months or more before hopefully getting the surgery approved. And if we lost in the comp court then the only choice would have been for me to fund the surgery out of my own pocket, that I would have to personally guarantee. I’m not a big Law Firm. I have some financial ability to pay for things, but it only goes so far.”

Josh has been happy working with HMR Funding on quite a few cases.

“As my practice grows and I get more and more cases it’s nice to be able to go to HMR funding to help provide funding for my clients and allow me to take on even more cases and fully fund the cases I do have so my clients can get all the medical treatment that they need.”

HMR Funding could be your medical funding solution. We could pay for their medical care now, whether the injury only requires physical therapy treatment or involves the most severe in-patient brain injury treatment that results in hundreds of thousands of dollars in medical bills.

No case is too large for us.

Contact us now or give us a call at 888-377-1245 to discuss your personal injury case

We will quickly review your case, and may purchase medically necessary bills from medical providers promptly upon approval. We purchase medical accounts receivables from a nationwide network of high quality medical providers, or we can work with your plaintiff’s provider of choice. The choice is always theirs.

 

About the attorney:
Josh Lewis is a personal injury attorney with Lewis & Lewis. In addition to his law degree, he holds a graduate diploma in Civil Law from LSU, recognizing his study and knowledge of the structure and substance of the laws contained in the Louisiana Civil Code, based on the system of law Louisianians followed during the time of Napoleon and France’s ownership of Louisiana. However, he has also taken (and passed) bar exams in Missouri, Mississippi & Texas.
About HMR Funding:
HMR Funding, LLC is a plaintiff-oriented medical funding company based in Richmond, Virginia with a national reach. HMR Funding supports personal injury attorneys whose clients are either uninsured, under-insured or have been denied coverage.

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