LAW 512-001 – Torts II

Collateral Source Rule


The collateral source rule excludes evidence that the plaintiff has received compensation by someone other than the defendant.

Gratuitous or discounted medical services are not admitted under the common law rule or the Restatement.

Examples of evidence this would exclude are the plaintiff's insurance, employee benefits, or governmental benefits.

Parties who made excluded payments typically have a lien enabling them to recover their payments if plaintiff recovers that from defendant.