Colateral source rule(间接来源规)
文章来源: 文章作者: 发布时间:2007-04-03 05:49 字体: [ ]  进入论坛
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英汉法律词典上的解释是这样的:间接来源规则,附加来源规则。指如果受伤害人接受为其伤害补偿的来源是与侵权人无关,则损害赔偿的补偿不得因此而减少,且侵权人必须支付的规则。

  What is the collateral1 source rule?

  The collateral source rule is a common law evidentiary rule that prohibits a defendant2 from introducing any evidence that a plaintiff has been or will be reimbursed3 by any other person or organization for damages claimed in a lawsuit4. For example, many plaintiffs receive compensation for medical bills or lost wages via health insurance, disability insurance or workers' compensation, but the hospital, physician or other health care provider being sued is not allowed to tell the jury about this other source of compensation. Even after these "collateral source payments" have already been paid to the person bringing the lawsuit, that person is allowed to try to collect it a second time in their lawsuit. As a result, plaintiffs often are paid twice for the same damages——that is why this is sometimes referred to as double recovery.

  Why do we need collateral source rule reform?

  First, it just does not make sense to allow the plaintiff to collect twice for the same medical bills or other economic losses. This drives up the cost of health care for all of us.

  Worse yet, it encourages extra and unnecessary usage of health care items and services, if not outright5 fraud and abuse, here's why. When plaintiffs can recover twice for the same medical bill——once from their insurance and once from the defendant in the lawsuit——they (and especially their lawyer) can start to see this as a money making venture. The more medical bills they run up, the bigger their windfall. For example, if they incur6 $100,000 in medical bills and that is paid by their insurance, but they then get to collect the $100,000 in their lawsuit, they see that they have made $100,000 on this transaction and have incentive7 to try to increase the amount. The lawyer working on contingency8 fee benefits too since he or she gets anywhere from 30-50% of the damage money paid to the plaintiff, so if plaintiff gets an extra $100,000, the lawyer gets an extra $30,000 to 50,000.

  Many states, recognizing the problems the collateral source rule was causing, have passed some form of collateral source rule reform. Nineteen states mandate9 that the judge offset10 from plaintiffs' damage awards the payments received from collateral sources. Another eleven leave it up to the jury (or judge as fact finder), and simply allow defendants to introduce evidence of collateral source payments and have the jury or judge decide how much to offset



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1 collateral wqhzH     
adj.平行的;旁系的;n.担保品
参考例句:
  • Many people use personal assets as collateral for small business loans.很多人把个人财产用作小额商业贷款的抵押品。
  • Most people here cannot borrow from banks because they lack collateral.由于拿不出东西作为抵押,这里大部分人无法从银行贷款。
2 defendant mYdzW     
n.被告;adj.处于被告地位的
参考例句:
  • The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
  • The defendant was borne down by the weight of evidence.有力的证据使被告认输了。
3 reimbursed ca62e2177b2f3520aa42f86b71b836ce     
v.偿还,付还( reimburse的过去式和过去分词 )
参考例句:
  • Any out-of-pocket expenses incurred on the firm's business will be reimbursed. 由公司业务产生的开销都可以报销。 来自《简明英汉词典》
  • Employees are reimbursed for any legal fees incurred when they relocate. 员工调往异地工作时,他们可以报销由此产生的所有法律服务费用。 来自《简明英汉词典》
4 lawsuit A14xy     
n.诉讼,控诉
参考例句:
  • They threatened him with a lawsuit.他们以诉讼威逼他。
  • He was perpetually involving himself in this long lawsuit.他使自己无休止地卷入这场长时间的诉讼。
5 outright Qj7yY     
adv.坦率地;彻底地;立即;adj.无疑的;彻底的
参考例句:
  • If you have a complaint you should tell me outright.如果你有不满意的事,你应该直率地对我说。
  • You should persuade her to marry you outright.你应该彻底劝服她嫁给你。
6 incur 5bgzy     
vt.招致,蒙受,遭遇
参考例句:
  • Any costs that you incur will be reimbursed in full.你的所有花费都将全额付还。
  • An enterprise has to incur certain costs and expenses in order to stay in business.一个企业为了维持营业,就不得不承担一定的费用和开支。
7 incentive j4zy9     
n.刺激;动力;鼓励;诱因;动机
参考例句:
  • Money is still a major incentive in most occupations.在许多职业中,钱仍是主要的鼓励因素。
  • He hasn't much incentive to work hard.他没有努力工作的动机。
8 contingency vaGyi     
n.意外事件,可能性
参考例句:
  • We should be prepared for any contingency.我们应该对任何应急情况有所准备。
  • A fire in our warehouse was a contingency that we had not expected.库房的一场大火是我们始料未及的。
9 mandate sj9yz     
n.托管地;命令,指示
参考例句:
  • The President had a clear mandate to end the war.总统得到明确的授权结束那场战争。
  • The General Election gave him no such mandate.大选并未授予他这种权力。
10 offset mIZx8     
n.分支,补偿;v.抵消,补偿
参考例句:
  • Their wage increases would be offset by higher prices.他们增加的工资会被物价上涨所抵消。
  • He put up his prices to offset the increased cost of materials.他提高了售价以补偿材料成本的增加。
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