Due to an accident or injury, an injured plaintiff may receive benefits from their insurance company or some other 3rd party, independent source. If the Plaintiff receives funds from these sources in compensation for his injuries, does the tortfeasor defendant benefit from these payments in reducing the amount owed to plaintiff for the injuries?
In Louisiana, the answer is no. Under what is termed the collateral source rule, “a tortfeasor may not benefit, and an injured plaintiff’s tort recovery may not be reduced, because of monies received by the plaintiff from sources independent of the tortfeasor’s procuration or contribution.” Bozeman v. State, 03-1016, (La.7/2/04), 879 So.2d 692, 698.
In other words, benefits received from independent sources will not be deducted from any monies awarded to the plaintiff from the tortfeasor for “a tortfeasor’s liability to an injured plaintiff should be the same, regardless of whether or not the plaintiff had the foresight to obtain insurance.” Bozeman v. State, 03-1016, (La.7/2/04), 879 So.2d 692, 698. See also Powell v. Chabanais Concrete Pumping, Inc., 11-408 (La.App. 5 Cir. 12/28/11), 82 So.3d 548.
If you or a loved one has been hurt in an accident, learn about your legal rights from an experienced New Orleans trial attorney by filling out our free, no obligation case review form located on this website.
Other Car Accidents News
Seat belts keep you secure durng a car accident; without them, you’re more likely to be completely ejected from the car, ensuring severe injury or death. Unfortunately, there are also cases where seat belts can malfunction.
After you are involved in an auto accident, it is important to contact an attorney as soon as possible. Initially, an experienced attorney can give you a lot of information about your case, including how [...]
Teen drivers have special needs on the road – and while they may have had good training and have gained some experience, they lack the years that adult drivers have to make split decisions. Parents [...]
Throughout the country, speed limits are increasing. From highways to city streets, drivers are getting the luxury of getting to their destination a little faster. In one instance, there was an article in Time magazine that highlighted the [...]
A plaintiff in an automobile accident case can usually count on being required to be present at three specific proceedings associated with their case. These are, in the order that they will be expected to [...]
New Orleans, LA Car Accident Compensation Lawyer Car accidents, even minor ones, are unsettling and tend to shake one’s confidence in the world. This may be particularly true for passengers who are injured in an [...]
