What Is Florida’s Collateral Source Rule?Tampa Bay Legal News
Personal injury lawsuits are almost never as straightforward as a wronged plaintiff receiving financial compensation from a liable defendant. Conflicts that end with legal action usually have multiple people involved on both sides, such as private insurance carriers along with the people actually involved in the incident.
Regrettably, this can and often does impede the process of victims receiving their compensation, particularly in terms of health care costs. To help make sure that a plaintiff does not suffer unnecessarily as a result, courts in the state of Florida implement something called the collateral source rule.
Listed below is some basic information about Florida’s collateral source rule and how it might apply to your personal injury case.
What Is the Collateral Source Rule?
The collateral source rule is designed to hold liable parties accountable for wrongful or negligent actions. In basic terms, Florida’s personal injury law does not permit liable individuals to pay a reduced amount of damages simply because the injured victim has already received compensation from a third party. The rule is most often implemented when a plaintiff uses their own benefits or insurance to obtain medical care following their accident.
The collateral source rule asserts that a defendant is liable for the total amount of calculated losses, regardless of whether the plaintiff’s insurance initially covered any of those damages. The reasoning behind this statute isn’t to penalize plaintiffs for utilizing their personal resources to help them with their recovery. As a result, civil courts will not present evidence of the use of these resources to decrease the plaintiff’s financial compensation.
What Are Collateral Sources?
At their cire, collateral sources are third parties making payments to the injured party. In the majority of personal injury suits, the collateral source relates to the plaintiff’s insurance policy. Some of the more popular collateral sources include:
- Private health insurance
- Car insurance that offers income disability or health coverage
- Employee salary continuation plans
- Social Security
In the event that the plaintiff receives reimbursement from their own insurance or any of the other sources listed above, that amount may not be subtracted from the defendant’s financial responsibility.
As with every kind of personal injury case, the endless number of variables makes your claim unique. Someone with a case that sounds very similar to yours could end up with a very different outcome than what you should expect. This is just one of the many reasons why hiring a skilled attorney is beneficial to your Florida personal injury claim.
Florida Personal Injury Attorneys
Your attorney will know the most thorough and efficient way of collecting vital evidence that proves you were not at fault for the accident. Establishing this fact is essential to the success of your Tampa personal injury case.
If you have sustained injuries during any kind of accident that was caused by another person’s negligence or carelessness, there is evidence out there that will substantiate your claim. A reputable personal injury attorney from Fulgencio Law will be able to help you. Call us at (813) 463-0123 to schedule your free Tampa personal injury consultation today.