Full and fair compensation is a foundation of personal injury law, and something you are entitled to if you get injured due to someone else’s negligence. Accidents happen, but when you look closely, nothing happens in a vacuum, for over 90 percent of what a lay person may deem as accident cases actually have a human element – either someone didn’t act in a reasonable manner and made conscious decisions to act in a way as to lead to an accident and consequent injury, or they actually chose to act in an egregious manner to lead to said accident.

Human action is a catalyst to most accidents and injuries, and personal injury law makes it so that these individuals are accountable for their actions via the filing of a civil lawsuit to compel them to pay for damages for the injuries one may have faced as a result of the same.

That said, some defendants may try to shirk their responsibility claiming that you have health insurance, workers’ compensation and disability benefits and as such, they should not be asked to pay for your injuries, or at the very least, have their damages to you reduced accordingly. This is known as the “collateral source rule” which is a significant legal doctrine meant to protect the injured party from any form of exploitation or shirking of responsibility by the defendant.

At McCready Law, we have dealt with tens of thousands of these claims for decades, and understand this law intimately and thoroughly and as a top personal injury law firm, work hard to ensure our clients get the full compensation they are owed so they are able to rebuild their lives without having to worry about any financial deficits they may endure – read on to find out how exactly we do this.

Contact Our Personal Injury Attorneys Right Now

Are you looking for the best injury attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury lawyers at McCready Law bring to the table over 90 YEARS of combined legal experience where we’ve helped tens of thousands of injured Americans from all corners of the country and socioeconomic backgrounds recover compensation after getting injured due to the negligence of other individuals or large corporations.

We are so good at what we do that we’ve been able to recover close to $270 million and counting over the years for our clients, with a lot of these judgments or settlements numbering in the hundreds of thousands and even millions of dollars for those who sustained catastrophic, life-altering injuries. The secret to our massive success as a law firm is due to a confluence of factors: we personally handle all claims and do not hand them over to legal assistants and paralegals as is common in most law firms as this ensures excellence and diligence in legal research, case preparation and processing, and we work with a team of trusted, nationwide referral attorneys who handle claims in a professional and timely manner as needed.

Additionally, we are not afraid to litigate cases should we believe that the insurance company’s initial negotiations are being carried out in bad faith: most of the time, when well litigated or taken to court and presented to a judge and jury in a manner that is comprehensive, compelling and evidence-laden, a claim is usually awarded the maximum allowable compensation by law.

We run a bilingual firm (hablamos Español), and we take on all cases on contingency fee basis, which simply means that there are ZERO UPFRONT FEES for the duration of the processing of your claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your claim. If you or a loved one got injured due to someone else’s negligent actions on the road, at a retail store, during a sporting event, at a playground and so on, please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation regardless of where you are in the country – our intake team is standing by.

Collateral Source Rule in Personal Injury Law – An Introduction

Technically defined, the collateral source rule indicates that a tortfeasor or the defendant who caused the injury is not entitled to any reduction the damages they owe you, the injured party or the plaintiff just because you received payments for those damages from a source that is independent of the tortfeasor.

These independent sources are known as “collateral sources” and may include:

1. Disability insurance
2. Health insurance, whether government funded or private
3. Workers’ compensation benefits
4. Sick leave or vacation pay from your boss
5. Any gratuitous payments from family or friends

What is the Reasoning Behind the Collateral Source Rule?

The logical reason for the collateral source rule is multipronged; for example, it recognizes that you often paid for these benefits either through insurance premiums or labor in exchange for sick leave, and allowing someone else to benefit from the payments would give them, the defendant, a windfall and penalize you, the plaintiff, for their negligence. Additionally, the rule ensures that responsibility for the harm caused lands and remains squarely on the defendant, without their liability being lessened by your independent and prudent financial arrangements.

At the end of the day, this law is meant to prevent the defendant from benefiting from your financial benefits, hard work and planning, ensuring that you are made wholes since compensation from collateral sources often doesn’t fully cover all losses or damages, and encouraging responsibility on the part of the defendant and prudence on the part of other individuals so they can rest in the confidence of knowing their efforts won’t bar them from full recovery from a negligent party.

Best Countrywide Injury Lawyers – Call Us Today!

There are obviously exceptions to every rule, and some states have amended this rule to ensure what they may define as fair compensation and so on. That said, due to the complexity of this law and a typical personal injury claim, it is important to have our best countrywide injury lawyers by your side so you can gain full understanding of the law and how it affects your personal injury damages. Confused or just need more clarity on how much your personal injury claim could be worth? Please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. Thanks for choosing us, and we look forward to helping you.