Limitations on Tort Recovery

Question 1

Collateral Source Payment

Answer 1

CSR prohibits admission in a civil lawsuit of evidence that the victim has already received compensation from a source other than the defendant. The jury cannot be informed if a plaintiff received compensation for his or her injuries from an outside source or insurance

Question 2

Subrogation

Answer 2

Subrogation/indemnification (repayment of award to private source, usually insurance company of the person at fault who paid for damages) prevents P from enjoying double recovery since they already got paid out by insurance company

Question 3

Collateral Source Payment for Public Insurer

Answer 3

If the collateral source is a public (government) insurer (SS, Medicare, Workers Comp, etc.), the damages owed by the tortfeasor may be reduced by the amount of directly related public benefits received, on the theory that the Defendant has already contributed to those public funds (along with everyone else) and cannot be made to pay out twice.

Question 4

Notice 4 Special Circumstances

Answer 4

When special circumstances may cause unusual consequential damages, P must via express notice in order to recover for negligence. (Possibly Merinath).

Question 5

Water’s Edge Rule

Answer 5

Categories of plaintiffs can be limited in claims for pure economic loss (in contrast to physical harm). Standing can be limited under water’s edge rule. Idea is that D cannot pay out multiple times for the same harm