What is the collateral source rule in a motor vehicle accident case?
California, United States of America
The following excerpt is from Cabrera v. E. Rojas Properties, Inc., 11 Cal. Daily Op. Serv. 2494, 122 Cal.Rptr.3d 390, 192 Cal.App.4th 1319, 2011 Daily Journal D.A.R. 2 (Cal. App. 2011):
The collateral source rule is a doctrine requiring that "if an injured party receives some compensation for his injuries from a source wholly independent of the tortfeasor, such payment should not be deducted from the damages which the plaintiff would otherwise collect from the tortfeasor." ( Helfend v. Southern Cal. Rapid Transit Dist. (1970) 2 Cal.3d 1, 6, 84 Cal.Rptr. 173, 465 P.2d 61 ( Helfend ).) It is based on the principle that the "tortfeasor should not garner the benefits of his victim's providence." ( Id. at p. 10, 84 Cal.Rptr. 173, 465 P.2d 61.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
