All Buffalo personal injury lawyers are frequently required to address the issue of collateral sources in their clients’ lawsuits. Collateral sources are entities that provide payment for damages – such as medical expenses or lost wages – that also would be covered by any damages awarded in the personal injury lawsuit.
How a collateral source payment affects your personal injury lawsuit depends on what the source is and whether it has any right to be reimbursed. If a source does not have any right to be reimbursed, the defense in the personal injury lawsuit may argue that you should receive less in damages because you have already been partially compensated through the collateral source.
If a source does have some right to recover payments through the proceeds of a personal injury lawsuit, then these payments should not be counted against you when attempting to resolve your lawsuit. Instead, your personal injury lawyer should argue that you are entitled to full compensation for the injuries from the defense.
Collateral sources that can recover their expenses do not necessarily have a right to full recovery. Different types of sources are regulated differently and their rights may be very specific. As a result, you should consult with an experienced personal injury attorney if you have any questions regarding this issue.
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