Perspective
Aug. 7, 2010
Recovering Economic Damages and the Collateral Source Rule
How much a plaintiff can recover in economic damages, paid by the insurer, hangs in the balance as the state Supreme Court takes up the issue, by Brian S. Kabateck and Claudia E. Candelas of Kabateck Brown Kellner.
The state Supreme Court recently granted review of Howell v. Hamilton Meats & Provisions Inc., which raised key questions about a plaintiff's ability to recover, as economic damages, amounts that have been paid by the injured plaintiff's insurer. (2010) 101 Cal.Rptr.3d 805.
Depending on its outcome, the case could reduce recoveries for personal injury plaintiffs. A favorable fin...
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