Tort reform and the Collateral Source Rule

By Melissa Young

In the legal world, it’s said that “the fastest way to a mistrial is to mention the word ‘insurance’ in front of the jury.”

The saying references the Collateral Source Rule, a central part of American personal injury law since the Civil War. Originally, the Collateral Source Rule was created to prevent a defendant from benefitting from the plaintiff’s receipt of money from other sources, which was triggered by the defendant’s wrongdoing or tort.

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