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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.
Apart from insurance, collateral sources include Social Security, Medicaid, Medicare, Workers' Compensation and so on. The Collateral Source Rule also prohibits jury members from taking into account any payments other than payments from the negligent party, and that includes the plaintiff's insurance coverage.
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.
"The collateral source rule provides, as a general proposition, that a party may recover full compensatory damages from a tortfeasor regardless of the payment of any amount by any independent party (a 'collateral source'), such as an insurance carrier." Bushong v. Park, 837 A.
The collateral source rule in Kansas and Missouri is a common law rule that has been applied to personal injury cases to prevent a defendant, also known as a tortfeasor, from introducing evidence to a jury of collateral source payments (such as health insurance) that could reduce the defendant's liability to an injured ...
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 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 ...
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.