On Monday, the California Court of Appeals in San Diego ruled unanimously that defendants must take full responsibility for medical costs a plaintiff incurred as a result of a defendants wrongdoing. The case, Howell v. Hamilton Meats & Provisions, Inc., is a great victory for consumers. Previous holdings stated that if a plaintiff was injured in an accident caused by a defendant, and the plaintiff had their own private health insurance which they paid for, the amount that a defendant is found to be responsible for can be reduced by the amount already paid by the plaintiff’s own health insurance. Thus, leaving the plaintiff with nothing.
Posts Tagged ‘collateral source rule’
Victory for Consumers in California
Wednesday, November 25th, 2009
Collateral Source Rule
Wednesday, November 25th, 2009In personal injury cases, the Collateral Source Rule is intended to help promote full justice and compensation from a defendants wrongdoing. The rule basically does not allow for an award to be reduced by a judge or jury just because the plaintiff received benefits from other sources, such as health insurance. The rationale behind the collateral source rule is that a defendant should not benefit from the plaintiff’s investment in private health insurance. In some states, the collateral source rule prohibits the admission of evidence that would inform the jury that the plaintiff has been compensated by a different source other than the defendant (i.e. health insurance).
