News & Analysis as of

Collateral Source Rule

Trial Court Committed Error in Excluding Evidence of Future Affordable Care Act Benefits in Medical Malpractice Case

by Low, Ball & Lynch on

Cuevas v. Contra Costa County - First Appellate District, Division One (April 27, 2017) - In an ordinary personal injury lawsuit, a defendant may not introduce evidence of amounts the plaintiff received from insurance...more

Unemployment Benefits Do Not Factor Into Damages Calculations in Employment Discrimination Lawsuits

A recent New Jersey Appellate Division opinion now makes it explicitly clear that unemployment benefits cannot be deducted from back pay damages in employment discrimination cases under the New Jersey Law Against...more

Shouldn’t Congress Try to Save Lives of Americans?

What kills between 250,000 and 440,000 people in the United States each year; 700 deaths per day? What is the third leading cause of death in America? Isn’t it one of the responsibilities of the US Congress to...more

Maritime Collateral Source Rule Clarified By Fifth Circuit

by Baker Donelson on

In an eminently reasonable, but apparently (surprisingly) res nova decision, the United States Fifth Circuit Court of Appeal has clarified that the maritime collateral source rule does not allow for recovery of medical...more

Does the Maritime Collateral-Source Rule Allow Recovery of Amount Billed or Paid?

by King, Krebs & Jurgens, PLLC on

The Fifth Circuit issued an opinion on November 17, 2016, in Robert Deperrodil v. Bozovic Marine, Inc., (No. 16-30009). In a case involving the injury to a passenger aboard a crew boat in high seas, the District Court was...more

The “Collateral Source Rule” is Alive and Well in California!

Woodland Hills personal injury attorney Barry P. Goldberg is often confronted with situations where there are multiple sources of insurance recovery for his clients. Many clients do not realize that the “Collateral Source...more

Measuring Medical Expense Damages and the Role of the Collateral Source Rule

by Snell & Wilmer on

Two recent rulings illustrate the widely varying responses courts have taken in confronting an emerging national issue: how to measure damages for past medical expenses when the hospital’s treatment charges, before discounts...more

Florida Supreme Court on Evidence of Collateral Source Benefits

by Wilson Elser on

Ruling Makes It More Difficult for Defendants to Deal with Claims for Future Medical Expenses at Trial - It is not uncommon for a defendant in a product liability case at trial to be faced with an inflated and...more

Florida Supreme Court Rules Defendants May Not Admit Evidence of Potential Collateral Source Benefits Provided by Social...

by Wilson Elser on

In John Joerg, Jr., etc., et al. v. State Farm Mutual Automobile Insurance Co., No. SC13-1768 (October 15, 2015), the Florida Supreme Court held that defendants are precluded from introducing evidence regarding collateral...more

White Paper: The Other Shoe Drops – Corenbaum Answers Questions Raised by Howell

by Low, Ball & Lynch on

In Howell v Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 the California Supreme Court decided that a plaintiff’s recovery for past medical expenses is limited to the amount paid for the medical expenses after any...more

Howell Rule Applies When Medical Services Were Paid by Medicare, Court of Appeal Concludes

by Hinshaw & Culbertson LLP on

In Howell v. Hamilton Meats & Provisions, Inc. the California Supreme Court ruled that a plaintiff’s recovery of medical damages is limited to the amount paid by the plaintiff’s health insurer and accepted by the health care...more

Time to Examine Tennessee’s Collateral Source Rule by William Walton

by Butler Snow LLP on

Originally published in the Tennessee Bar Association - December 1, 2012. Taking Another Look at Fye v. Kennedy - Damages in tort law are designed to compensate for injury and, in the words of one court, “only for...more

Recent Kentucky Court of Appeals Decision Upholds Reduction in Medical Expense Award by Amount Written Off by Healthcare Provider;...

by David Kramer on

In a recent decision that was designated for publication, the Kentucky Court of Appeals held that, while a plaintiff is permitted to introduce into evidence the full amount of medical bills incurred for treatment of injuries...more

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