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In general, the Maritime Collateral-Source Rule protects the amount of damages considered recoverable and prevents them from being reduced when the injured party has received compensation from another source other than the defendant.
The collateral source rule in a New York personal injury case means the plaintiff cannot receive compensation for items covered by other sources, such as health or disability insurance.
The records of a health care provider recording a patient's symptoms and the medical diagnosis are admissible to prove their contents ? nature and extent of patient's injuries ? if based upon the doctor's firsthand observations of the patient.
In Howell, the California Supreme Court held that ?an injured plaintiff whose medical expenses are paid through private insurance may recover as economic damages no more than the amounts paid by the plaintiff or his or her insurer for the medical services received or still owing at the time of trial.? It was hoped that ...
The collateral source rule, which dates from 1854, prohibits the admission in a civil lawsuit of evidence that the victim has already received compensation from a source other than the defendant.
Arkansas' collateral source rule provides that a trial court must ?exclude evidence of payments received by an injured party from sources 'collateral' to ... the wrongdoer, such as private insurance or government benefits....? Bell v.
The Supreme Court in Howell created a two-prong analysis of a tort victim's ability to recover for past medical expenses. Under the first prong, recoverable past medical expenses will never exceed the ?paid or owing? amounts.
The mechanics of this statute are that: (1) amounts paid to a plaintiff from a collateral source can and do reduce the amount of the verdict, and this reduction will be applied by the court following the jury verdict; (2) but in nearly all instances, evidence of payments from collateral sources will not be presented to ...