Contact the best accident lawyers in Spanish in the United States. Get in touch as soon as possible with the Conexión Legal team by calling 1866 701 1220 or write to us via WhatsApp so you can receive the best free legal advice, and confidential, so you can obtain the best result. Personal injury calculator?
Find out how much you could win for your injuries. Enter our free calculator.
What is the collateral source rule?
The collateral source rule is a legal doctrine that prevents the defendant from reducing the amount of compensation they must pay to the plaintiff for injury, illness or disability, if the plaintiff has received any benefit or compensation from another source, such as health insurance or workers' compensation insurance.
This rule is based on the principle that the defendant should not benefit from the fact that the damages caused were covered by a relationship of the plaintiff with an insurance company or a public entity.
What is compensation for medical bills?
Compensation for medical bills is a type of compensation awarded to the plaintiff when they have suffered physical or mental damages due to an injury or illness caused by the wrongful act of the defendant.
This compensation is intended to cover medical, pharmaceutical and other expenses related to the treatment and rehabilitation of the plaintiff.
Do you want to evaluate your case?
Contact us as soon as possible. We are available 24/7 and we evaluate your case for free with a Spanish-speaking lawyer.
How does the collateral source rule apply to compensation for medical bills?
The collateral source rule implies that if the plaintiff has received any benefit or compensation for their injury or illness from another source, such as health insurance or workers' compensation insurance, that benefit or compensation cannot be deducted from the total amount the defendant must pay.
For example, if a worker suffers a work accident and receives compensation for temporary disability from the employer, that compensation cannot be subtracted from the amount the defendant must pay to the worker for the damages caused.
This rule does not apply when the sources of benefit or compensation are independent of each other and are not linked to the general conditions of the contract between the parties. For example, if a worker suffers a work accident and receives compensation for total permanent disability from the employer, but also receives a lifetime pension from the federal government for having been a military veteran, that lifetime pension can be deducted from the total amount the defendant must pay to the worker for the damages caused.
Call now
What are the advantages and disadvantages of the collateral source rule?
The collateral source rule has the advantage of protecting innocent or vulnerable victims who have received unfair or excessive benefit or compensation for their injury or illness. In this way, it is avoided that the parties act in bad faith or abuse to obtain greater benefits at the expense of other people.
In addition, this rule helps prevent fraud and abuse in legal proceedings related to injuries and illnesses.
On the other hand, the collateral source rule has the disadvantage of limiting the right to receive adequate financial compensation to legitimate and needy victims.
In this way, double compensation can be generated for some people who have received both benefits and damages for their injury or illness. In addition, this rule can hinder access to justice for some people who have difficulty proving their income and expenses resulting from their injury or illness.
Follow the steps in the following form to schedule your free consultation appointment.
