What is the justification for the collateral source rule?
What will be an ideal response?
The rationale for this rule dates back to 1854 and is intended to promote justice and prevent the tortfeasor from benefiting or mitigating damages in the amount of payments or compensation that the injured party received from a collateral source. The public policy underlying this rule is that the tortfeasor is responsible to compensate the victim for the total harm caused by the tortfeasor's conduct. Additionally, if the plaintiff's recovery were offset by collateral benefits, the deterrent effect of tort law would be diminished. Under this rule, the plaintiff is assured full compensation for all medical, physical, and emotional injuries.
You might also like to view...
Which of the following is not an element of res ipsa loquitur?
A. The defendant must have been in exclusive control of the object or action that produced the plaintiff’s injury. B. The plaintiff’s injury must be of a type that ordinarily would not have happened unless negligence were involved. C. The plaintiff must be in a better position to prove his or her lack of negligence than the defendant is to prove the plaintiff’s negligence. D. The plaintiff cannot have contributed to his or her own injuries.
The written version of deposition or other testimony is called a _______________
Fill in the blank(s) with correct word
The ability to take good notes and to write in a good legal fashion is not a skill that needs to be learned by every researcher
Indicate whether the statement is true or false
What are the advantages of large-scale development over smaller-scale development?
What will be an ideal response?