What is the rule of the collateral source?

The rule of securing source, also called the doctrine of the provision of the source, is a legal rule concerning the plaintiff's compenses other than the defendant, including insurance companies, compensation of the worker and other agencies. These sides are called the sources of the collateral. The rule shall order that the defendant, if decided that it is responsible, cannot deduct from the amount issued to the plaintiffs of any cash amount that has already been paid by the Secure Source. The doctrine also prohibits admission to a court record of all evidence that the damage was paid by another source. The purpose of the rule was introduced in 1854 to prevent a person who caused injury to seize the plaintiff's insurance. The petitioner receives the payment for the same expenditure twice, gather both from the collateral source and from the defendant. Some states have modified or even eliminated the rule of securing the source. These reforms allow judges to inform the jury of previous compensation, reduce the amount of the amount compensated, or prevent ŽAlobbies in the application for damage that have already been paid. Opponents of the reform claim that a party caused should not be able to avoid responsibility for damage, even if other sources have paid the accounts.

In 2006, a national survey revealed that 38 countries have changed the rule of resource to ensure that evidence of repayments of the resources of collateral in cases of medical responsibility. Of the 38 countries, 20 states allowed the jury or judge to take into account any installments of securing during the court proceedings. Another 14 countries have ordered that a reduction in prices will be considered after court proceedings. Six states allowed the evidence to be considered after the judgment of the jury, but before the final judgment to be awarded. Some regulations for securing the source distinguish between private resources for which the applicant had to pay bonuses, and public resources such as Medicare and Medicaid.

some resources of securing have in their contracts with consumingEbitel with the provisions on subrogative provisions, which allows the company to collect part or all the money paid by the company to the consumer if the consumer wins the action. Subrogation means that the insurance company has the right to sue the defendant in connection with the plaintiff. If the plaintiff prevails in court, the insurance company may collect this part of the damages that compensates for what the insurance company has already paid. A sub -sized company may also sue the plaintiff who receives a cash settlement to obtain the money that has contributed on behalf of the insured.

IN OTHER LANGUAGES

Was this article helpful? Thanks for the feedback Thanks for the feedback

How can we help? How can we help?