What is the collateral source rule regarding SSI payments?

California, United States of America


The following excerpt is from In re Conservatorship of EState of McQueen, 120 Cal.Rptr.3d 283 (Cal. App. 2011):

[2] Under the collateral source rule, "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. [Citation.]" ( Helfend v. Southern Cal. Rapid Transit Dist. (1970) 2 Cal.3d 1, 6, 84 Cal.Rptr. 173, 465 P.2d 61, fn. omitted ( Helfend ).) The court ruled that "to allow the jury to consider the SSI payments in connection with damages would be in violation of the collateral source rule, would be prejudicial, confusing and misleading under Evidence Code section 352, and against public policy." 8

[120 Cal.Rptr.3d 288]

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