collateral sources वाक्य
उदाहरण वाक्य
मोबाइल
- The collateral source doctrine has come under attack by " tort reform " advocates.
- But while the law specifies life insurance and pension benefits as collateral sources, it makes no mention of charity.
- The only tort reform effect that proved robust was a negative effect of collateral source reform on black infant mortality.
- One vexing problem is the final definition of how " collateral sources " of money received by victims will be treated.
- Under the new law, the federal awards must be reduced by " collateral sources " of compensation, including life insurance and pension benefits.
- One such provision states that the government will subtract " collateral sources " of income, such as life insurance payouts and pensions, from awards.
- The law clearly requires that fund awards, which could easily exceed $ 1 million, must be reduced by any collateral sources of compensation received by the families.
- Sen . Jon Corzine, D-N . J ., has prepared legislation that would do the same thing, while repealing the " collateral source " provision.
- For starters, the two would abolish the " collateral source " rule that allows a successful plaintiff to collect once from his own insurer and a second time from the defendant.
- One person who was consulted recently quoted a senior official as saying, " Well, there appears to be a consensus inside Justice that charitable contributions should not be considered a collateral source ."
- However, the collateral source doctrine dates back to 1854, and is intended to promote justice and to assess remedies for fault against the tortfeasor, rather than allowing him to avoid responsibility for setting the losses in motion.
- For example, there is a split over whether the collateral source doctrine should be abolished, and there is a healthy debate over whether it would be beneficial to further restrict the ability of attorneys to charge contingent fees.
- In the U . S ., reform has typically limited the scope of tort law and damages available, such as limiting joint and several liability, the collateral source rule, or capping noneconomic damages for state constitutions by state supreme courts, with the Seventh Amendment to the United States Constitution possibly also relevant.
- But if " collateral sources " are broadly construed to include gifts from charities _ including the many set up to aid victims'families after the terrorist attacks _ as well as extended medical benefits and other sources of support, awards from the fund could be reduced significantly or even erased altogether, said Clifford.
- As of 1987, English law was less generous to the plaintiff in the following ways : contingent fee arrangements were restricted, English judges tried more decisions and set damages rather than juries, wrongful death lawsuits were relatively restricted, punitive damages were relatively unavailable, the collateral source rule was restricted, and strict liability, such as for product liability, was relatively unavailable.
- If evidence of the collateral source is admitted and the fact-finder reduces the award to compensate for the already-paid damages, this can result in undercompensation for the injury, as the lien holder will generally attempt to recover the full value of any lien, thus leaving the plaintiff uncompensated for lost earnings, pain, anguish, or other non-economic damages.
- In contrast, a 2006 study by Emory University professors Paul Rubin and Joanna Shepherd argued that tort reform actually saved tens of thousands of lives because " lower expected liability costs result in lower prices, enabling consumers to buy more risk-reducing products such as medicines, safety equipment, and medical services, and as consumers take additional precautions to avoid accidents . " They also concluded that " caps on noneconomic damages, a higher evidence standard for punitive damages, product liability reform, and prejudgment interest reform lead to fewer accidental deaths, while reforms to the collateral source rule lead to increased deaths ."
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