collateral source rule

Determining Whether the Collateral Source Rule Applies in Discovery

by Chad Lieberman on October 17, 2012

Since my post on the collateral source rule, I have received (and raised) questions regarding discoverability of collateral source information. On speaking with colleagues, particularly on the listserv, this issue is gaining steam. Most plaintiff’s attorneys will not voluntarily disclose the amount of the collateral source payments (i.e. Medicare and Medicaid). The courts are being tasked […]

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Decoding the Collateral Source Rule

by Chad Lieberman on August 1, 2012

In Colorado, collateral source matters are governed by both common law and statute.  The collateral source rule consists of two components: (1) a post-verdict set-off rule; and, (2) a pre-verdict evidentiary rule. Historically under the common law collateral source rule, any third-party payments or benefits received by a plaintiff accrued solely to the plaintiff’s benefit […]

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