Future insurance premiums might be a valid component of a settlement evaluation.
Teddy Snyder
If the claimant must now pay premiums that would not be required “but for” the litigated occurrence, a claimant may present this expense as an item for compensation.
Considerations include:
The premium is just the starting point. Parties may also calculate deductibles and co-payments, as well as items that may not be within the insurance coverage, such as transportation and home health care.
The cost of health insurance will continue to rise. In coming to an appropriate figure, parties may discuss a cost-of-living adjustment versus a reduction of future cost to present value.
Attorney Teddy Snyder mediates workers' compensation cases throughout California. She can be contacted through WCMediator.com.
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