Justice is supposed to be blind. That is why the woman holding the scales of justice has a blindfold over her eyes. The implication is that everyone should be treating the same under the law. It’s one of the reasons you are entitled to trial by a jury of your peers. However, this fairly new law that was enacted in the fall of 2011 in North Carolina does just the opposite. It discriminates against Plaintiffs depending on their health insurance.
Rule 414 (or Billed vs. Paid as it may be referred) was codified in an attempt at tort reform to allegedly limit a windfall to Plaintiffs. However, in what can only be described as an extreme overcorrection, this rule of evidence has done nothing except to hurt Plaintiffs, even those with significant, serious and permanent injuries, and punish them for having health insurance and rewarding the tortfeasor (and thereby the insurance company) by making them have to pay less for the injuries they caused.