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Collateral Source Rule

Fairfax Injury Lawyer Brien Roche Addresses Collateral Source Rule

Brien Roche

Injury Attorney Defines Collateral Source Rule

A collateral source is a source of payment of money that is collateral to the personal injury claim. For instance, monies that you may receive as an injured person through your health insurance policy. This a collateral source. In addition medical payments from your auto policy are a collateral payment. In most cases your receipt of those payments is inadmissible at trial.

The Logic of the Collateral Source Rule

The logic behind the rule is that you had the good sense to obtain this form of coverage. As a result it should not work to the benefit of the party that injured you. In other words it should not reduce or take away from your claim against the other party.

Double Recovery

There is a lot of controversy about the rule because it allows for double and sometimes triple recovery. This increases the overall cost of claims. Although there is some logic to that argument the other side is simply one of fairness. You bought insurance. You have a right to use it to the full extent without that reducing what you receive from the at fault party. Not all states apply the collateral source rule in its pure form. Therefore it is necessary to know what state law is going to govern your claim. An experienced personal injury lawyer is aware of those issues.

For Collateral Source Rule Issues Contact Us

This rule has undergone some different takes over the years. It may also be applied in contract cases. If you have a question about the rule contact personal injury attorney Brien Roche.
Also for more info about the collateral source rule see the pages on Wikipedia.

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Collateral Source Rule

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