Here are some tips for proving a plaintiff's medical expenses:
1. Try to get a stipulation with opposing counsel about medical bills. Often this will alleviate many of the problems of proof; even so, be sure to have a back-up plan just in case.
2. A good time to discuss stipulations is just before the deposition of a treater; a stipulation will shorten the deposition by obviating the need for testimony about usual and customary charges and the like. Be sure to put these stipulations on the record.
3. Since payment of medical bills establishes the reasonableness element, proof problems can often be simplified by having the plaintiff pay any outstanding medical bills, unless there are strategic or financial reasons not to do this.
4. At trial, you should prepare a summary exhibit of all the medical bills, which can be admitted into evidence after you've established proof of the underlying medical expenses that are totalled up in the summary exhibit.
5. It's often wise to present some of the plaintiff's testimony about medical expenses outside the hearing of the jury, especially if you think he or she may be unable to remember not to mention insurance.