Collateral Source Rule Followed By An Injury Lawyer In Langley In Personal Injury Law
The collateral source rule is an important factor that is followed by an Injury Lawyer in Langley, in all personal injury claim cases. This is the rule that actually prevents the damages claimed by an injured person from being reduced when they claim from their own medical insurance or any other such as workers compensation and other third party sources. This is the legal principle that will allow you to demand for the full claim from the defendant that you deserve for your injuries irrespective of the fact that you have already received it or a part of it from other alternative sources.
Collateral Source Rule
According to this rule any payment from any independent source of the plaintiff will not be considered or affect the claim amount that the person at fault legally owes to the injured plaintiff. This rule is usually applied by the Injury Lawyer in Langley, when you use your own insurance for the medical expenses. Therefore, using this rule you can claim and receive damages from both the sources, namely your insurance company as well as the defendant. Apart from your insurance the collateral source rule is also applicable in the cases of worker’s compensation, Medicaid, Social Security or any other gratuitous services.
Basis of Collateral Source Rule
The collateral source rule has another aspect that prevents the jury members from considering the payments received from other sources. The rule prohibits using or admitting any evidences of such payments and receipts other than the original wrongdoer. However, this might be a very useful tool for you and the Injury Lawyer in Langley, but this is not free from criticism. Critics are against the receipt of double payments by the plaintiff. On the other hand it is also argued that the cost of negligence by the defendant must be based on the standard of reasonable care which should be the same for all persons of the community.
The Arguments For The Plaintiff
However, the critics are not totally against the collateral source rule as they are in favor of the fact that the plaintiff should not receive any reduced compensation for the injuries sustained in the accident caused by the reckless and negligent defendant. This is simply due to the fact that the plaintiff has shown prudence and sense of responsibility by purchasing insurance long before the injury causing accident occurred. Therefore, there should be some credit and benefit given to the injured person for such a responsible act.
The State Reforms
The Injury Lawyer in Langley knows about the state reforms, involving the collateral source rule. It is important to know about these reforms as this will help the attorney to use the narrow or broad exceptions to this rule while claiming compensation for your injuries. These exceptions vary from state to state and where this rue is not applicable there both the defendant as well as the plaintiff must prove their stance. Introduction of evidence for receiving insurance benefits must be produced by the defendant so that the claim amount may be reduced or even taken off the hook depending on the amount of benefits received. For more information visit Our Website
Collateral Source Rule
According to this rule any payment from any independent source of the plaintiff will not be considered or affect the claim amount that the person at fault legally owes to the injured plaintiff. This rule is usually applied by the Injury Lawyer in Langley, when you use your own insurance for the medical expenses. Therefore, using this rule you can claim and receive damages from both the sources, namely your insurance company as well as the defendant. Apart from your insurance the collateral source rule is also applicable in the cases of worker’s compensation, Medicaid, Social Security or any other gratuitous services.
Basis of Collateral Source Rule
The collateral source rule has another aspect that prevents the jury members from considering the payments received from other sources. The rule prohibits using or admitting any evidences of such payments and receipts other than the original wrongdoer. However, this might be a very useful tool for you and the Injury Lawyer in Langley, but this is not free from criticism. Critics are against the receipt of double payments by the plaintiff. On the other hand it is also argued that the cost of negligence by the defendant must be based on the standard of reasonable care which should be the same for all persons of the community.
The Arguments For The Plaintiff
However, the critics are not totally against the collateral source rule as they are in favor of the fact that the plaintiff should not receive any reduced compensation for the injuries sustained in the accident caused by the reckless and negligent defendant. This is simply due to the fact that the plaintiff has shown prudence and sense of responsibility by purchasing insurance long before the injury causing accident occurred. Therefore, there should be some credit and benefit given to the injured person for such a responsible act.
The State Reforms
The Injury Lawyer in Langley knows about the state reforms, involving the collateral source rule. It is important to know about these reforms as this will help the attorney to use the narrow or broad exceptions to this rule while claiming compensation for your injuries. These exceptions vary from state to state and where this rue is not applicable there both the defendant as well as the plaintiff must prove their stance. Introduction of evidence for receiving insurance benefits must be produced by the defendant so that the claim amount may be reduced or even taken off the hook depending on the amount of benefits received. For more information visit Our Website