Personal Injury Lawyers » What is the Collateral Source Rule?
How the Collateral Source Rule Applies to a Personal Injury Case
If you’ve been injured by someone else’s negligent or reckless conduct, you may have heard of the “collateral source rule” and are curious if it applies to your personal injury case. Before diving into the nuances of the collateral source rule, it’s important to note that determining if the collateral source rule applies to your case is a complicated process that requires a detailed analysis of the particular facts of your case by a personal injury attorney. Simply put, retaining an experienced personal injury attorney like ours at Our Law Offices is the best way to determine if the collateral source rule applies to your personal injury case.
The Collateral Source Rule Prevents Personal Injury Defendants from Asserting the One-Satisfaction Rule to Insurance Proceeds
The collateral source rule is a rule developed and adopted by courts across Texas that prevents the party responsible for inflicting personal injuries on another to offset compensation to their victim because they have received benefits from an insurance policy. The reasoning behind the rule is that the responsible party shouldn’t unfairly benefit in a personal injury case just because their victim had the foresight to purchase a health insurance policy and is designed to encourage Texas residents to purchase private insurance. More information on this website @ https://caraccidentattorneysa.com/
The collateral source rule has serious implications for personal injury cases: namely, juries can’t know or consider that the injured party has health insurance when determining the defendant’s liability and the amount of damages the defendant should pay the victim.
An Illustrative Example of How the Collateral Source Rule Applies to Personal Injury Cases
You may find this illustrative example helpful in parsing out the nuances of the collateral source rule in personal injury cases. Assume that you have suffered personal injuries in a truck accident due to the negligent driving of the semi-truck driver. After seeking medical attention for any emergency injuries, you should immediately contact an experienced personal injury attorney, like the attorneys at Our Law Offices.
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Our attorneys and staff will then begin collecting the evidence needed to win your case and maximize your compensation. Our attorneys will then contact the responsible truck driver and his employer, and if a favorable settlement can’t be reached, we’ll file a lawsuit on your behalf.
At trial, the defendant may attempt to assert the one-recovery rule to avoid a portion of their liability for your injuries. Although some experienced attorneys and law firms may miss this crucial error, our experienced attorneys know your rights under Texas’s personal injury laws, and will assert the collateral source rule on your behalf so that the parties that caused your injuries won’t unfairly benefit from your foresight to purchase an insurance policy.
As you can see, determining if the collateral source or one-satisfaction rule applies to your case can be difficult. To ensure that your rights are fully represented, you need a smart and aggressive personal injury attorney on your side. The experienced personal injury attorneys at Our Law Offices are committed to securing the compensation you deserve for your injuries, and are available any time, day or night, to provide a free consultation regarding your potential personal injury lawsuit and if the collateral source rule applies to your case.