What is the collateral source rule?
In Kansas, the collateral source rule states that when an injured person receives compensation for medical expenses or losses due to an accident from a source other than the party at fault, the opposing party cannot be held responsible for reimbursing these expenses. This means that if an injured person receives compensation from an employer-provided medical plan, or from a private insurance company, the opposing party cannot use this compensation to reduce the amount they are responsible for paying in damages. The purpose of the collateral source rule is to prevent a party from benefitting from their own wrong-doing. In other words, the offending party cannot use the injured party’s own funds to reduce their damages. The collateral source rule in Kansas applies to any type of claim for damages, including bodily injury, medical expenses, lost wages, and pain and suffering. The rule is intended to protect the injured party from having their damages diminished by future payments they may receive from their primary insurance company or other sources. In addition, it prevents the opposing party from trying to benefit from an injured party’s medical coverage. The opposing party cannot use the money received from other sources to reduce their liability to the injured plaintiff.
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