Under the “collateral source rule,” medical benefits and any other injury compensation received by plaintiff from sources wholly independent of defendant (e.g., under plaintiff’s health, disability or accident insurance, or social security or disability benefits) are not deducted from the damages otherwise recoverable. Defendant is not entitled to an “offset” for plaintiff’s “collateral source” compensation (e.g., medical bills paid by others) and cannot introduce the fact of such payments into evidence on the question of mitigation of damages. [Lund v. San Joaquin Valley R.R. (2003) 31 C4th 1, 8–10, 1 CR3d 412, 416–418; ]. From the above-mentioned rule, it is implied that a person may sue even if he is receiving a social security. Moreover, as to the impact on decision to sue, It follows that an effective preliminary investigation tort-feasors are “suable” and/or able to satisfy a judgment. If the largest share of fault lies with a tortfeasor immune from suit, or one unable to respond in damages (e.g., lacking insurance coverage or perhaps bankrupt), counsel and client will have to weigh whether it makes economic sense to pursue the case to trial against the others. It would be best to seek personal assistance from a lawyer in order to guide in filing a personal injury claim.
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