Does the collateral source rule confer windfall benefit on the tort plaintiff?

California, United States of America


The following excerpt is from YANEZ V. SOMA Envtl. Eng'g INC., A123893, No. VG-06288107 (Cal. App. 2010):

Nonetheless, the courts apply the collateral source rule even when it unquestionably does confer a windfall benefit on the tort plaintiff. The rule reflects a policy preference favoring the tort victim over the wrongdoer since not applying the rule allows the wrongdoer to profit from the victim's investment in purchasing insurance or from the generosity of those who come to the victim's aid. (See Smock v. State of California (2006) 138 Cal.App.4th 883, 888.)

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