Collateral Benefits: The Basics to Know When Settling a Personal Injury Claim

The full paper published by Thomson Rogers personal injury lawyer Deanna Gilbert can be viewed by clicking here.

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.

Please click here to read the full paper.