Articles Posted in Settlements

In this article we discuss California’s “Collateral Source” Rule, and how the 2011 case of Howell v. Hamilton Meats and Provisions, Inc. affects this rule in regard to personal injury settlements.

The collateral source rule essentially prohibits the admission of evidence that the plaintiff or victim has received compensation from some source other than the damages sought against the defendant. In other words, under this rule, whether a plaintiff can recover damages from a source other than those sought against the defendant is irrelevant.

However, in the 2011 opinion issued by the California Supreme Court in Howell v. Hamilton Meats and Provisions, Inc., the rule was changed in that an injured plaintiff whose medical expenses are paid through private insurance may recover as economic damages no more than the amounts paid by the plaintiff or his or her insurer for the medical services received or still owing at the time of trial.

When you have decided on an  experienced personal injury attorney to represent you, how do you know when to finally settle your case or go to court? There are several factors to take into account in making your decision to settle or go into litigation, i.e. go to court.

The first issue to consider is what you will gain now, versus waiting some 2 years to get your day in court.  What you gain now depends on the limits of the insurance policy of the person who caused you injury.  Most drivers in California carry the minimum insurance coverage.  This usually means they have policy limits of $15,000/$30,000 covering them in the event of an auto accident.  This means one person can only receive the maximum of $15,000.  All the occupants in the vehicle, regardless of how many, can only collect a total of $30,000 between them. Continue reading ›