The collateral source doctrine has come under attack by " tort reform " advocates.
2.
But while the law specifies life insurance and pension benefits as collateral sources, it makes no mention of charity.
3.
The only tort reform effect that proved robust was a negative effect of collateral source reform on black infant mortality.
4.
One vexing problem is the final definition of how " collateral sources " of money received by victims will be treated.
5.
Under the new law, the federal awards must be reduced by " collateral sources " of compensation, including life insurance and pension benefits.
6.
One such provision states that the government will subtract " collateral sources " of income, such as life insurance payouts and pensions, from awards.
7.
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.
8.
Sen . Jon Corzine, D-N . J ., has prepared legislation that would do the same thing, while repealing the " collateral source " provision.
9.
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.
10.
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 ."
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