Admissibility of Social Security and Workers' Compensation Payments Associated with Prior Accidents
- Topics:
- Commercial Litigation
- Tags:
- Accident,
- Social Security,
- Policies And Procedures,
- Plaintiff,
- Operational Accounting,
- Human Resources,
- Hinshaw & Culbertson,
- Government,
- Finance,
- Compensation,
- ...
- Source:
- Hinshaw & Culbertson
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Overview: It has been seen that many jurisdictions enforce the collateral source rule. Occasionally, the defense will encounter a plaintiff who has received social security or workers' compensation benefits due to a prior accident. Plaintiff's counsel may seek to have this evidence declared inadmissible under the collateral source rule and/ or FRE 403 or its state equivalent. Defense counsel should anticipate plaintiff's challenge and be prepared to convince the trial court that such evidence is: (1) highly relevant to plaintiff's alleged loss of earning capacity and/or failure to mitigate, (2) not governed by the collateral source rule, (3) admissible to show exaggeration, malingering, or lack of motivation to return to work or school, and (4) admissible to impeach the plaintiff. To know more about this, refer to the article.
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Format: HTML | Date: Jan 2003 | Pages: 1
