Collateral Source Rule
Collateral sources are payments
received by the plaintiff in a personal injury case for compensation
or benefits from a party not involved with the case to compensate
for the damages the plaintiff suffered in the accident or by medical malpractice. The person or company
that is liable to the injured victim for his/her injuries regardless
of whether the victim, an HMO, or any other insurer has paid for
that medical care. The Collateral Source Rule is also an evidentiary
rule that bars defendants from introducing evidence to show that
a plaintiff has received collateral source benefits. Accordingly, Plaintiff's in some cases are essentially permits a plaintiff to recover damages twice.
For example, in a personal injury case in Maryland, the jury is
not told if health insurance or worker's compensation insurance paid all or a portion of plaintiff’s
medical bills.
This Maryland rule of evidence which dates back to 1899,
is grounded in the long-standing policy decision that should a
windfall arise as a consequence of an outside payment, the party
to benefit from that collateral source – that the injured
party likely paid for through insurance premiums - is the person
who has been injured, not the one whose wrongful acts caused the
injury.
See also Origin of Collateral Source Rule in Maryland
See also Collateral Source Rule and Lost Wages in Maryland
See also Sample Lost Wage Form
See also Collateral Source in Minnesota (a rule that differs from Maryland's)
See also Maryland Lawyer Blog
See also Maryland Personal Injury Lawyer Blog
