NFPA Paralegal Core Competency Exam (PCCE)Substantive LawMedium
A paralegal is assisting an attorney with a civil case where the plaintiff is seeking damages for injuries sustained in a car accident. During discovery, the plaintiff's medical records reveal that they received significant workers' compensation benefits for lost wages and medical expenses related to the accident. The defendant's attorney attempts to introduce this information at trial to reduce the damages awarded to the plaintiff. What legal principle would likely prevent the defendant from doing so?
- ASubrogation
- BContributory Negligence
- CRes Judicata
- DCollateral Source Rule
Show answer & explanationAnswer & explanation
Correct answer: D. Collateral Source Rule
The Collateral Source Rule prevents a defendant from reducing their liability for damages by presenting evidence that the plaintiff has received compensation for their injuries from an independent, or 'collateral,' source, such as insurance or workers' compensation. This rule ensures that the wrongdoer is held fully accountable for the harm caused.
Why the other options are wrong
- A. Subrogation allows an insurer to step into the shoes of the insured to sue a third party, which is not directly applicable here.
- B. Contributory negligence is a defense that reduces or bars recovery based on the plaintiff's own fault, not third-party payments.
- C. Res judicata prevents relitigation of issues already decided, which is not the issue presented.
Collateral Source Rule
A legal principle that prevents defendants in tort cases from introducing evidence that the plaintiff has received compensation for their injuries from a source other than the defendant.
- Prevents reduction of damages based on third-party payments.
- Ensures the wrongdoer pays for the full extent of the harm.
- Commonly applies to insurance, workers' compensation, or government benefits.
Memory trick: Don't let the wrongdoer get a free pass, even if someone else helped pay the bills.