Does the collateral source rule preclude a plaintiff from collecting damages from a tortfeasor?
California, United States of America
The following excerpt is from Mcmillin Cos. v. Am. Safety Indem. Co., 183 Cal.Rptr.3d 26, 233 Cal.App.4th 518 (Cal. App. 2015):
11 The collateral source rule "precludes deduction of compensation the plaintiff has received from sources independent of the tortfeasor from damages the plaintiff would otherwise collect from the tortfeasor. " (Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541, 548 [129 Cal.Rptr.3d 325, 257 P.3d 1130].)
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