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

Author(s): Deanna S. Gilbert

September 30, 2022

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.

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