Collateral Benefits: The Basics to Know When Settling a Personal Injury Claim
Author(s): Deanna S. Gilbert
September 30, 2022
One of the daunting tasks of being a personal injury lawyer is managing collateral benefits, particularly when considering settlement of a tort or accident benefit case. For instance, if we forget to notify a potential subrogated entity of the litigation, then our client may remain on the hook for repayment; or if we provide a deduction for a collateral benefit when the Defendant was not entitled to such an offset, then our client may be under-compensated. There are many nuances to the issue of collateral benefit deductions, assignments, and subrogated claims; and there are key differences in the treatment of these benefits between non-motor vehicle and motor vehicle cases. This paper will offer a basic overview of the collateral benefit issues to consider when it comes time to settling a personal injury claim.
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