Does the collateral source rule apply in tort cases?

California, United States of America


The following excerpt is from Fierro v. State Bd. of Control, 191 Cal.App.3d 735, 236 Cal.Rptr. 516 (Cal. App. 1987):

4 The "collateral source rule" applied in tort cases is that "... if an injured party receives some compensation for his injuries from a source wholly independent of the tortfeasor, such payment should not be deducted from the damages which the plaintiff would otherwise collect from the tortfeasor." (Helfend v. Southern Cal. Rapid Transit Dist. (1970) 2 Cal.3d 1, 6, 84 Cal.Rptr. 173, 465 P.2d 61.)

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