Specific legal principles apply in personal injury cases, and they are likely to heavily affect the outcome of your claim. The collateral source rule represents a legal doctrine regarding how damages may be collected in a personal injury case.
If you suffer injuries due to someone's carelessness, you can consult a personal injury lawyer from an experienced law firm like Lorenz & Lorenz, PLLC. As a top personal injury law firm, Lorenz & Lorenz, PLLC, provides excellent legal services to accident victims in and around Texas. Experienced in handling over 1,000 personal injury cases, the legal professionals at Lorenza & Lorenz are the ideal choice when it comes to getting justice for victims.
In this blog post, we are going to discuss the collateral source rule in personal injury law.
Understanding The Collateral Source Rule
In personal injury cases, the collateral source rule generally prevents the defendants from offsetting their liability if the plaintiff received compensation from a different source. Here are the important things that one needs to know regarding the rule.
Grounds Of Compensation: Under the rule, collateral sources may include benefits or payments derived by the plaintiff from a different source. For example, the plaintiff can recover compensation from their health insurance coverage or disability gains.
Rationale: The collateral source follows two rules. The first rule is that the plaintiff does not have to rely on the defendant. Therefore, they can get compensation from their own insurance coverage. Second rule: The defendant is legally liable for their negligent actions. So they need to pay full compensation to the plaintiff without considering the plaintiff’s insurance.
Application Of The Collateral Source Rule
The collateral source rule can have strong implications for plaintiffs and defendants in personal injury cases resulting in suffering or disability.
Benefits To Plaintiffs
As the major beneficiaries of the collateral source rule, the plaintiffs have a chance of collecting damages from the defendant without using it to pay the amount they had received from other financial sources.
This means that plaintiffs can recover the money spent on medical and other therapeutic treatment and other losses, regardless of the result of the personal injury case.
Defendants Verdict
The defendants will resist the application of the collateral source rule and want the damages brought down by the amounts the plaintiff has obtained from the other sources. The courts will uphold the rule that defendants bear the full impact of harm they have caused through negligence.
Exceptions And Limitations
Even though the collateral source rule generally operates to the advantage of the plaintiff, it is still guided by the following conditions and limitations:
● Subrogation: The insurance company may have paid benefits before a judgment or order from the court and may have possible subrogated rights to recovery. This may affect the plaintiff's ultimate recovery and, therefore, may have to be negotiated or go to trial.
● Medicare And Medicaid: Federal law requires payment back to Medicare or Medicaid for medical expenses incurred by the plaintiff. This will probably affect the application of the collateral source rule in personal injury cases.
Seeking Legal Guidance
Deep knowledge of personal injury law and previous cases is vital. Proper advice can thus go a long way toward increasing the chances of success. By so doing, plaintiffs stand a high chance of getting maximum compensation for injuries and losses.
Conclusion
When a person has been injured following an accident and is suing for fair damages, they need to understand how the rule applies to their case and pursue experienced legal consultation. This is because, with experienced attorneys, one can navigate the legal system's complexity with increased confidence and get a shot at being compensated for their losses.
