The collateral source doctrine is a legal principle that prevents a defendant from reducing their liability by introducing evidence that the plaintiff has received compensation from a source unrelated to the defendant. This doctrine allows the plaintiff to recover damages from the defendant without having to deduct any compensation received from other sources, such as insurance or government benefits. The purpose of the collateral source doctrine is to prevent defendants from benefiting from the plaintiff’s prudence in obtaining insurance or other forms of compensation.
The Collateral Source Doctrine is a legal principle that allows an injured party to recover damages from a defendant, regardless of whether the injured party has received compensation from other sources such as insurance or benefits.
In personal injury cases, the Collateral Source Doctrine prevents the defendant from reducing the damages owed to the injured party based on any compensation received from other sources, such as health insurance or disability benefits.
The Collateral Source Doctrine typically applies to economic damages, such as medical expenses and lost wages, but may not apply to non-economic damages, such as pain and suffering.
In most cases, the defendant is not allowed to introduce evidence of collateral sources in court, as it may unduly influence the jury and unfairly reduce the damages awarded to the injured party.
Some jurisdictions have exceptions to the Collateral Source Doctrine, such as allowing the defendant to introduce evidence of collateral sources if the injured party has already been fully compensated for their damages.
The Collateral Source Doctrine generally applies to all types of insurance, including health insurance, auto insurance, and disability insurance.
The defendant cannot argue that the injured party should have used their insurance instead of seeking damages from the defendant. The injured party has the right to choose how to seek compensation for their injuries.
The Collateral Source Doctrine is not uniformly applied in all states. Some states have modified or abolished the doctrine, while others have specific statutes that govern its application.
Yes, the injured party can still pursue a claim against the defendant even if they have already received compensation from their insurance company. The Collateral Source Doctrine allows the injured party to recover damages from the defendant, regardless of any other compensation received.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 5th April 2024.
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