Topic
Collateral source rule
32 published works
Louisiana Law Blog
Limiting Tort Exposure: Texas vs. Louisiana’s Take on the Collateral Source Rule
The Collateral Source Rule is a common issue in almost every personal injury case, but its application can vary significantly from state-to-state. At its core, the rule is intended to…
Texas Law Blog
Limiting Tort Exposure: Texas vs. Louisiana’s Take on the Collateral Source Rule
The Collateral Source Rule is a common issue in almost every personal injury case, but its application can vary significantly from state-to-state. At its core, the rule is intended to…
Health Law Prof Blog
Medicaid Recovery for All?: Iowa’s Controversial Managed Care Organization and the State’s Abrogation of the Collateral Source Rule
Jenna Nelson (University of Iowa), Medicaid Recovery for All?: Iowa’s Controversial Managed Care Organization and the State’s Abrogation of the Collateral Source Rule, 108 Iowa L. Rev. 2 (2023):While the…
Expert Institute Insights
Applying Virginia’s Collateral Source Rule to Insurance Defense Medical Experts
For plaintiffs’ lawyers in Virginia, facing a medical expert hired by the defense’s insurer poses a number of problems. Among them is the application of Virginia’s Collateral Source Rule. This…
Product Liability & Mass Torts Blog
Lewis Court Rejects the Use of the Collateral Source Rule to Establish Injury-in-Fact
By Katherine Peluso, Jeffrey D. Skinner
In Illinois, the collateral source rule bars defendants from submitting evidence that plaintiffs received compensation for their injuries from a collateral source. For example, if a plaintiff is injured in…
Drug & Device Law
Reasonable Value vs. Collateral Source
Today’s case is about the clash between these two basic rules. Before we get to the rules, we look at how we get there. A standard defense discovery request in…
The Energy Law Blog
Louisiana Supreme Court Limits Effect of Collateral Source Rule in Personal Injury Cases
By Mark D. Latham, Devin C. Reid, Liskow & Lewis
On May 9, 2019, the Louisiana Supreme Court issued an important opinion restricting application of the collateral source rule in personal injury lawsuits. In Simmons v. Cornerstone Investments, LLC, et…
TortsProf Blog
50-State Survey of Damage Caps and the Collateral Source Rule
At mondaq, W. McDonald Plosser has a 50-state survey of damage caps and the collateral source rule.
Property Insurance Coverage Law Blog
Policyholders May Benefit From All Their Coverages
Following the devastating damages from Hurricanes Harvey, Maria, and Irma, homeowners and businesses examined their insurance coverages to assist their recovery. For most people that have never needed to use…
Louisiana Law Blog
Injured Plaintiffs’ Recovery of Imaginary Medical Costs
By Lana Crump, Amanda Collura-Day
In Louisiana, the collateral source rule mandates that a tort plaintiff be awarded the full value of his medical expenses against the tortfeasor, including any amounts written off by the…