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In any personal injury case where the plaintiff receives compensation from a source other than the defendant, an issue arises as to the amount of money the defendant should be required to pay in order to compensate the plaintiff fully for the injuries inflicted. This paper discusses the application of the collateral source rule to an award for personal injury damages for a plaintiff who received government benefits based on that injury. Almost all states have both statutes and case law that set guidelines for the introduction of collateral source payments received by the plaintiff in an effort to limit the prejudicial effects of those payments. This paper highlights differences in approaches among the selected states.
Decision and judgment entry. Defendant/counter plaintiffs motion for summary judgment granted and plaintiff/counter defendants motion for partial summary judgment denied.
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