Nebraska's “collateral source” rule states that benefits received by the plaintiff from a completely independent and collateral source for the offender, such as payments for Medicare, Medicaid and private insurance, “will not diminish the damages that could otherwise be recovered from the offender. In some states, the “collateral source” rule is a powerful negotiating tool that you and your lawyer can use to maximize your recovery after an injury that wasn't your fault. Other collateral sources may include Social Security benefits, Medicaid benefits and, as indicated, workers' compensation payments (if the injury occurred in the workplace). If you have been injured in Pickens SC, it is important to seek the help of a Personal Injury Attorney in Pickens SC who can assist you in navigating the complexities of the law and utilizing the "collateral source" rule to your advantage. The action for damages for the breach of a guarantee agreement contained in a land cession deed is a special action and must be brought within 5 years from the date on which the cause of the action arises; this rule applies to actions for damages for breach of a pact against encumbrances.
It's easy to see how you and your lawyer can use the source of warranty rule as a lever to induce the at-fault person's insurance company to settle out of trial for a larger amount of damages when you're in a state where the source of warranty rule applies, than if you're in a state where the source of warranty rule doesn't apply. In short, the source of warranty rule is something you should consider when litigating personal injury-related matters on behalf of your clients. The collateral sources rule prevents an injured person's personal injuries from being reduced by payments they received from their own health insurance, workers' compensation, or other sources. The action to recover the security (a) whose possession and property a debtor has transferred in some way to another person and (b) that was used as a guarantee of payment under a written agreement, contract or promise covering the agricultural products described in section 9-102 of the Uniform Trade Code or agricultural products that become the inventory of a person engaged in agriculture, will be filed within eighteen months from the date on which possession and ownership of that security is transferred. Consider applying the collateral source rule in the context of a person who has Medicaid and who is injured in an accident.
Having an attorney who is familiar with the collateral source rule can pay huge dividends when negotiating a settlement for your case. Health insurance isn't the only situation where the source of warranty rule comes into play in a personal injury case. The insurance company and the defendant can compensate the injured person under the collateral source rule, and the medical billing review will determine if the cost of treatment was fair and reasonable for the region in which the patient is located. In general terms, the collateral source rule states that, if your case goes to trial, you can ask the jury to award compensation for your medical bills based on the amount the care provider billed you for the services and not the discounted rate that the care provider allowed you to pay your insurance company. Therefore, the question is: from what source was the plaintiff paid these reduced salaries? Was it because they were only able to work a reduced schedule while recovering from the procedure their doctor performed? Did they accept a new job with less strenuous physical requirements but with a lower salary? Or was it because they or their employer paid for a short or long-term disability policy for which they receive benefits while they recover??.