Collateral Source Rule in Illinois Accident Cases
Illinois law has for the last 150 years upheld a legal statute that makes any evidence submitted by a defendant in a legal setting inadmissible for the purposes of proving that you as the plaintiff already received payouts from one or multiple parties, thereby letting them get off easy and by not paying you anything else. This law is present in multiple states, and it affords the plaintiff an extra cushion of financial security while making the defendant understand the gravity of their actions or negligence.
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What The Collateral Source Rule Means for Your Chicago Accident Case
If you carry health and car insurance like most drivers in our state, your insurance company will take care of your medical bills or have the defendant’s insurance provider do so as long as you can prove fault or negligence. The collateral source rule, however, allows you to seek double or more compensation by asking the defendant to pay a certain set amount to take care of your damages. It is very important for negligent drivers to understand that it is never OK to drive distracted, drunk or willfully ignore traffic rules, so the collateral source statute cements the idea of consequences for negligent actions as a deterrent of sorts.
The Fairness Behind The Collateral Source Rule
A lot of individuals who decry this rule state that it is unfair, and that those injured in an Illinois car accident don’t deserve extra compensation and that they can do with the amount doled out by insurance companies. What these opponents don’t understand is that subrogation, a process where your insurance company asks the other party to pay them for the medical bills it spent (after reimbursing you) on your treatment, will eat into your compensation. On top of that, legal fees tend to be substantial, meaning that without the collateral source rule, you’ll be left with barely enough to rebuild your life. These two deductions are perhaps the most important for the justification behind collateral source legislation.
Chicago Accident Attorneys – Call Us Now!
Need more information on the collateral source rule and what it means for your Chicago car accident case? Call us NOW at 1 (773) 825-3547 and speak with our Illinois accident attorneys for free to learn more about the true value of your case. We look forward to hearing from you.